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Dear Atty. Gurfinkel:
I was petitioned by my parent as "single", but while waiting for my petition, I got secretly married. After getting my green card as "single," I returned to the Philippines, and married my spouse a second time, so as to cover up the first marriage.I was also convicted of some crimes in the US, but, in my mind, those convictions are really no big deal. Besides, they were all expunged, so they should now be "erased" from my record.
I want to file for naturalization, and become a US citizen, so I can petition my family. I have several friends who were able to become US citizens, who had similar situations as mine. Do you think I will encounter any problems if I apply for naturalization?
Very truly yours,
RT
Dear RT:
Anytime a person applies for naturalization, his entire immigration file is thoroughly reviewed by USCIS (formerly INS). In addition, USCIS conducts a full criminal background check on a person, with fingerprint verification with the FBI database. Just because a person was able to "get away with" any misdeeds in the past, does not mean that he would be able to fool the government a second time.
In your case, you immigrated to the US through fraud or misrepresentation, because you were petitioned as "single," but you were already married. Therefore, legally, you are not entitled to your own greencard. When you apply for citizenship, the USCIS will review your file to see how you obtained your greencard. When USCIS discovers your fraud (which could include an overseas investigation in the Philippines), you could be placed in removal/deportation proceedings, and risk losing your own greencard.
Even if you were able to obtain US citizenship and later petition your family, the Embassy will "double-check" your marital history. If the Embassy finds out about your first marriage, and that you immigrated through fraud, the Embassy will not issue visas to your family. Instead, the Embassy will report their findings to the USCIS, and your spouse could possibly be banned for life to enter the US or to obtain a US visa, for also committing fraud.| < Prev | Next > |
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