Is it possible to do something after 30 years?

[void_]

Hello, I'm new here and I'm impressed by the level of knowledge that you people have. I'd love it if you could help our case, seeing as no one has given me a straight answer so far...

My mother married her husband in Chile in 1973 and they had a child together (she is my sister). Soon after he left them and came to the United States where he stayed illegally for a while, but back then immigration was a different story and he quickly gained legal residency. When asked about any possible relatives, he denied that he was married and that he had any children. My mother and sister remained in Chile and he never provided anything for them.

Thirty years later, he feels some remorse and wishes to undo some of the damage he caused. My mother wants to live in the United States legally and she wants to know if he could petition her so she can become a resident of the United States. They are still legally married (divorces in Chile were illegal until just a couple of years ago) but she moved on and met my father, with whom she's lived with for over 25 years. They are not married because as I said before, she's still married to my sister's father.

My mom and sister asked an immigration lawyer a few years ago about this issue, and all she had to say was that he was a _____ (explicit) for what he did but never really offered an alternative.

Thank you for your help, and if you have any questions I'll be happy to answer them to the best of my knowledge.

[Triple Citizen]

How did your mother's husband gain PR in the US? That is vital. Since he concealed the fact that he had a spouse and child, he possibly committed perjury. That is a can of worms in itself. Is he a US citizen now? If so, he probably lied on his N-400. He can be stripped of his US citizenship if that is the case.

[void_]

Originally Posted by Triple Citizen

How did your mother's husband gain PR in the US? That is vital. Since he concealed the fact that he had a spouse and child, he possibly committed perjury. That is a can of worms in itself. Is he a US citizen now? If so, he probably lied on his N-400. He can be stripped of his US citizenship if that is the case.

Well until a few years ago he was a permanent resident. That was when my mother and sister consulted the immigration lawyer - and because he was only a PR she said he couldn't do much. He then applied for citizenship to "help" her but the whole process is pretty much stuck there, and we know that if we want my mother to gain residency we're the ones who have to help her out, as he doesn't seem too interested in getting any kind of process moving.

The biggest problem for her is that yes, they are married legally, but he left her and my sister 30 years and she started a life on her own. He completely detached himself from his family and never provided them with anything. He was young, though, so I can see why he'd do something so stupid. Either way, it angers me a bit to know that had he not lied, my mother could come to the United States legally right now if she wanted to...

I'm not familiar with the N-400 form, so I can't say much about that

[void_]

P.S. I spoke to my mother about the N-400 form and she says that when he applied to obtain his naturalization papers he hired a lawyer and told the truth in that form. Meaning, he admitted he lied and recognized my mother as his legal wife and my sister as his daughter...

[Triple Citizen]

How did he obtain PR status? On what basis was he granted PR? The 1986 amnesty? If he did mention you sister and mother during his naturalisation interview, I am assuming the adjudicating officer went through his entire A-file. Perhaps USCIS decided to pardon his concealment during the PR adjustment.

Assuming he is not in any spot of bother, he can sponsor your mother. How old is your sister? Her options may be limited.

[void_]

Originally Posted by Triple Citizen

How did he obtain PR status? On what basis was he granted PR? The 1986 amnesty? If he did mention you and your mother during his naturalisation interview, I am assuming the adjudicating officer went through his entire A-file. Perhaps USCIS decided to pardon his concealment during the PR adjustment.

Assuming he is not in any spot of bother, he can sponsor your mother. How old is your sister? Her options may be limited.

Hello again. He obtained PR status through the 1986 amnesty. During the process of obtaining citizenship (interview/papers/etc) he DID mention he was married and had a daughter. My mother and sister were not aware at all of his lying, and I think he probably felt bad and paid a lawyer to update his status from PR to USC. My sister is over 21 and married, so I doubt that she has many options at this point. She'd have to wait many many years to obtain her residency. That is ok though, she is not interested in living in the United States. It is my mother who really wants to. How can he sponsor my mother? Would she have to live with him? For how long? She lives with my father...

Thank you for your help!

[LucyMO]

but what about your father? is he going to stay in CHile, even if your mom moves to the US?

[LucyMO]

Originally Posted by faysal

If your stepfather is a US citizen, and both your both of them are still in love and wanna live together, there is no need of going back all the way 30 years.

did you actually read the original post? let me summarize it for you:

Thirty years later, he feels some remorse and wishes to undo some of the damage he caused. He completely detached himself from his family and never provided them with anything. They are still legally married (divorces in Chile were illegal until just a couple of years ago) but she moved on and met my father, with whom she's lived with for over 25 years. Would she have to live with him? For how long? She lives with my father...

There is no love. She just wants a GC, not that I blame her, but what happens to the biological father (who'll be alone for at least 2.5 years out of 5?)

I think Mr. TrippleCitizen is little bit making the case harder than it is.

He isn't. Although this particular perjury did not affect the basis for his immigration benefits, and therefore, it could be argued in court to that effect (if it comes to it).

[faysal]

Originally Posted by LucyMO

did you actually read the original post? let me summarize it for you:

There is no love. She just wants a GC, not that I blame her, but what happens to the biological father (who'll be alone for at least 2.5 years out of 5?)

He isn't. Although this particular perjury did not affect the basis for his immigration benefits, and therefore, it could be argued in court to that effect (if it comes to it).

Oh my God.........thanks for the correction. I thought that the mother never got remarried after she abondoned.....................why on earth would someone wanna bring over someone else's wife............sorry about that

[LucyMO]

you are not reading everything carefully. She is still married and has been for the last 30 years to the US citizen. But she has lived separately from him and with the biological father of the poster for 25 years. The marriage exists only on paper.

[dr_lha]

This is an interesting case, I'm not going to try to intrepret the law here, but I'll give my gut feeling.

The marriage was clearly not originally for immigration benefit, but the person is exploiting a long dead marriage to get a green card. I would personally believe that USCIS would not approve such a case. Green Cards are issued to married couples because they deserve to not be separated. If the couple have lived seperate lives for 30 years there seems little justification for a Green Card.

[void_]

Originally Posted by dr_lha

This is an interesting case, I'm not going to try to intrepret the law here, but I'll give my gut feeling.

The marriage was clearly not originally for immigration benefit, but the person is exploiting a long dead marriage to get a green card. I would personally believe that USCIS would not approve such a case. Green Cards are issued to married couples because they deserve to not be separated. If the couple have lived seperate lives for 30 years there seems little justification for a Green Card.

Understood. Thank you

[NeShawn]

Doc... Your analysis of the circumstances is really good; however, I think that the father has remorse for his actions and is seeking to remedy that by helping the wife. If you look at it from the 'heart' perspective, it is trying to right a wrong. Unfortunately, I don't think USCIS cares about that. They will be legalistic about it..

Void, perhaps there is a better way to bring mother to US. Also, I hope and pray that this 'brokeness' finds a cure. I wish you the best.

[dr_lha]

Originally Posted by NeShawn

Doc... Your analysis of the circumstances is really good; however, I think that the father has remorse for his actions and is seeking to remedy that by helping the wife. If you look at it from the 'heart' perspective, it is trying to right a wrong.

I can only see that working with USCIS if they rekindle the marriage. If the wife just wants to move to the USA and has no intention of acting like a wife to the sponsor, then I can't see USCIS going for it.

[Bella Blues]

Originally Posted by dr_lha

This is an interesting case, I'm not going to try to intrepret the law here, but I'll give my gut feeling.

The marriage was clearly not originally for immigration benefit, but the person is exploiting a long dead marriage to get a green card. I would personally believe that USCIS would not approve such a case. Green Cards are issued to married couples because they deserve to not be separated. If the couple have lived seperate lives for 30 years there seems little justification for a Green Card.

You're right dr_lha. I believe they will also be considered legally separated by now. Even if nobody filed for divorce, they have lived apart for over two decades.

[void_]

Originally Posted by NeShawn

Doc... Your analysis of the circumstances is really good; however, I think that the father has remorse for his actions and is seeking to remedy that by helping the wife. If you look at it from the 'heart' perspective, it is trying to right a wrong. Unfortunately, I don't think USCIS cares about that. They will be legalistic about it..

Void, perhaps there is a better way to bring mother to US. Also, I hope and pray that this 'brokeness' finds a cure. I wish you the best.

Thank you so much, I appreciate the kind thoughts