MARRIAGE COMES BACK TO HAUNT ALIEN 30 YEARS LATER

By Michael J. Gurfinkel, Esq.

The Fresno Bee newspaper recently reported the case of an immigrant whose U.S. citizenship application was denied and instead she was placed in removal/deportation proceedings. The reason was that over 30 years ago, she immigrated as an “unmarried” daughter of a lawful permanent resident (Category F-2B). The problem was that approximately one month before being issued her immigrant visa, she got married, but did not advise the Embassy of her marriage. (By law a person under petition in that particular family-based category must remain single up until the time that he or she enter the U.S. and/or receives the green card.)

According to Sharon Rummery, a spokeswomen for the Department of Homeland Security, if someone gets married before entering the US on a visa meant for an unmarried daughter or son, the visa becomes invalid. “The law says a lawful permanent resident can only petition for an unmarried minor or adult child,” according to Rummery. This alien did not realize that her marriage would be a problem “until I tried to become a U.S. citizen. If they would have asked me, I would have told them the truth.”

However, according to a spokesperson from U.S. Customs and Border Protection, it is the responsibility of an alien to update their information, regardless whether they are specifically asked by officers if they had married.

This alien had lived in the U.S. for over 30 years as a green card holder. When she eventually applied for U.S. citizenship, USCIS opened her immigration file and finally uncovered her marriage and determined that she was never entitled to her green card. And now she faces deportation/removal proceedings.

Let this be a lesson: if you were being petitioned by a parent as “single”, you must remain single up and until the time you enter the U.S. If you get married, before then, your petition could be considered “void”. Do not play games or rely on excuses such as “secret marriages”, or promises by people that your marriage contract will never be recorded. In addition, even if you already received your visa in the Philippines, and are just waiting for your flight to the U.S., if you get married before you land in America, your visa would also be considered void.

Thus, if a person obtained his or her green card improperly, filing for naturalization will result in his or her old green card filed being pulled off the shelves, opened up, and examined concerning the way the green card was originally obtained. If the green card was obtained improperly or through fraud, the naturalization will be denied. And, just like the woman in this news report, the person could face deportation.

In this particular case, there could still be hope for the woman. She could possibly apply for a waiver by demonstrating that deporting her to her home country could result in hardship to her children. However, you should never plan on violating immigration laws with the hopes of applying for and being granted a waiver. Just comply with the laws from the very outset.