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IS
IT “SAFE” FOR ME TO APPLY FOR NATURALIZATION?
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
I was petitioned by my parent as “single”,
but I was actually married. After getting my greencard, I returned
to the Philippines, and married my spouse a second time.
I was also convicted of some crimes in the U.S.,
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
U.S. citizen, so I can petition my family. I have several friends
who were able to become U.S. citizens, who had similar situations
as mine. Do you think I will encounter any problems if I apply
for naturalization?
Very truly yours,
A.M.
Dear A.M.:
Anytime a person applies for naturalization, his
entire immigration file is thoroughly reviewed by BCIS (formerly
INS). In addition, BCIS conducts a full criminal background check
on a person, with fingerprinting, etc., which are sent to the
FBI crime lab. Just because a person was able to “get away
with” any misdeeds in the past, it does not mean that he
would be able to fool the government a second time.
In your case, you immigrated to the U.S. through
fraud or misrepresentation. This is because you were petitioned
as “single”, but at that time you were already married.
Therefore, legally, you are not
entitled to your own greencard. When a person applies for citizenship,
the BCIS will review the person’s file to see how
the person obtained his greencard. When BCIS discovers your fraud
(which could even involve an overseas investigation in the Philippines),
you could be placed in removal/ deportation proceedings, and risk
losing your own greencard.
Even if a person were able to obtain U.S. citizenship
and later petition his family, the Embassy will “double-check”
the person’s 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 BCIS, and your spouse could possibly be banned for life
to enter the U.S. or obtain a U.S. visa, for also committing fraud.
Finally, criminal convictions could have very serious
consequences, and filing for naturalization could bring those
convictions to the BCIS’ attention. Convictions could also
be reasons to deny a person’s application for naturalization
and/or have you be placed in removal proceedings (depending upon
the nature of the conviction, i.e. if it was a “crime of
moral turpitude”, aggravated felony, etc.).
Just because a person “wants”
to become a U.S. citizen, it does not mean that it is “safe”
or wise to file, as you may find yourself in deeper trouble. If
there are questions or problems about your eligibility in filing
for citizenship (in order to bring your family to the U.S.), I
would strongly advise you seek the advice of a reputable attorney,
who can analyze your situation and determine if there are other,
legitimate ways by which your family could legally
immigrate or apply for U.S. visas.
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