Help!

J

James Hart

New Member
I have found documentation of a friend, when she was underage her family in india arranged a marriage. She was 15 at the time of the marriage. Her father signed an affidavit saying her birthday was 3 years earlier so that she could legally be married. She does not have her original birth certificate, her father has taken it. She knows her original birth date, but has been using the fake one since she arrived in the country 6 years ago. She obtained her citizenship based on the false date. Is there anything she could do to correct her birthdate? And if she did could her citizenship be in jeopardy?
 
She needs help

It\'s called Immigration Fraud. Citizenship and GC could be revolked as fraudulently obtained and she could be removed from the US.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Thanks Jim

Jim, Thank you for your response.
Could she still be help accountable since she has used that birthday since she was 15, and basically was underage. Couldn\'t she claim some sort of hardship issues or something? I actually think any originals were destroyed in India, but I am not sure.
What would be your recommendation?
 
contact INDIA Embassy for new birth certificate

She may contact the India Embassy in Wash DC for a new original birth certificate. Once she has that document, she can contact INS to correct her birthdate. Assuming she is still married to the person who was spouse for GC, there is very little likelihood that INS will make any attempt at removing her naturalization. (Too many aggravated felons ahead of her that INS is trying to take away her citizenship.) Since it was her father's fraudulent document and his permission would have been necessary for underage permission to marry, it will be very difficult to justify.

However, an attorney will need to see the original documents, the immigration file and become familiar with the particulars of this situation to ascertain the risk.
 
You must log in or register to reply here.
Top