Legal Matters
By ATTY. CRISPIN CADAY LOZANO
If you obtained an immigrant visa as single son or daughter of a Lawful Permanent Resident or a U. S. citizen but you were actually married at the time of your entry to the U. S., you committed a misrepresentation of material fact in obtaining a visa because you did not disclose your marital status at the time of the interview and/or at the time you entered the United States. Even if you are actually single at the time of the interview but you get married the day before entering the United States, you still committed a misrepresentation. Although you have a document which is your green card, your actual status is that of a person not in possession of a valid visa. An alien not in possession of a valid visa is inadmissible and deportable. If you applied for naturalization the USCIS will likely find it out. Your naturalization application will be denied and you will be sent to an Immigration Judge for removal proceedings.
Question: Mario was petitioned by Jose, his father who is a Lawful Permanent Resident in 1985. His father became a U.S. citizen in 1993. Mario got married to Linda in 1988. Mario and Linda have a child born in 1989 named Cindy. In 1991, Mario was interviewed at the U. S. Embassy, Manila for an immigrant visa. He declared that he was single and has no child. Based on this declaration he was given a visa and entered the U. S. in 1992. Mario married Linda again in 1993 and filed an immigrant visa petition for his wife and daughter. The petition was denied because the USCIS discovered his prior marriage to Linda in 1988 and he committed a misrepresentation of material fact by not disclosing his marriage to Linda in 1988 and the existence of his daughter. Mario received a Notice to Appear to the Immigration Court. What is Mario’s immigration status?
Answer: Mario committed a fraud or misrepresentation of material fact in obtaining a visa at the U.S. Embassy. By entering the U.S. without disclosing his marriage and children is again a misrepresentation to the U.S. Immigration Officer. These two acts of misrepresentation made Mario inadmissible and deportable.
Question: What is the relief available to Mario?
Answer: Mario may request the immigration court for a waiver of the misrepresentation. To avail of this waiver Mario must have a parent or son or daughter who is Lawful Permanent Resident or U.S. citizen. The Immigration Judge has the discretion to approve or deny the waiver based on balancing the factors favorable and unfavorable in client immigration history.
Note: This is not a legal advice. You should seek the advice of an experienced immigration attorney about your circumstances. Our Law Firm has successfully represented many clients who entered as single but actually married at the time of entry to obtain a waiver of misrepresentation.
SUCCESS STORIES
1. On February 3, 2016, we received an approval from USCIS of naturalization for client who has an approved waiver of misrepresentation.
2. On January 28, 2016, we received an approval from USCIS for an I-360 self petition for abused spouse of U.S. citizen.
3. On January 26, 2016, we received an approval from USCIS for an adjustment of status for client with big age difference with the U.S. citizen spouse based on good faith marriage.
4. On December 18, 2015, we received an approval of petition for adoption that was previously denied because client did the petition by themselves.
5. On December 11, 2015, we received an approval of DACA for a client who was in removal proceedings.
6. On December 4, 2015, we received an approval of adjustment of status for a client who has three different names.
7. On November 20, 2015, we received an approval of adjustment of status for a client who was suspected of marriage by convenience.
8. On November 4, 2015, we received an approval of immigrant visa at the U.S. Consulate for the daughter of a client who was approved under VAWA.
9. On November 3, 2015, we received an approval of immigrant visa at the U.S. Consulate in Manila for a client who entered the U.S. as a seaman.
10. On October 29, 2015, we received an approval of I-751 from the Immigration Court for a client who married a U.S. citizen but the I-751 was previously denied by USCIS.
11. On October 27, 2015, we received an approval of adjustment of status for same sex marriage spouse beneficiary.
12. On October 9, 2015, we received an approval of a waiver in Immigration Court for a client who entered as single but actually married.
13. On September 30, 2015, we received an approval from U.S. Consulate of an immigrant visa for a seaman based on approved I-601A waiver.
14. On August 27, 2015, we received an approval of naturalization for the recipient of waiver of misrepresentation we litigated in the Immigration Court.
15. We have more success stories at our website at www.crispinlozanolaw.com
Crispin Caday Lozano is an active member of the State Bar of California, the American Immigration Lawyers Association and the National Association of Consumers Bankruptcy Attorneys. He specializes in immigration law and bankruptcy law. (crispinlozano@gmail.com/ 1-877-456-9266)
