Worried sickkkkkkk

M

mom_of_3

New Member
Hello, i am wondering if anyone can give me some thoughts about my case.
I am ready to apply for citizenship , based on the 5 year rule, but i am worried sick fearing i'll be denied for a moral issue i had 16 years ago. I'll try to shorten my story...
1994 came to get married to a LPR, got caught at the airport and was given right there the choice of going back to my country in the next flight. I guess i can call that a voluntary departure?. Got visa canceled. Managed to get another visa and came back and married my bf at that time. Overstayed my visa. Was married for 12 years, in which time i was able to adjust status and got my 10 year GC. Later on divorced and re married. Now i am ready for N400 and i have to come clean on the question about being deported, excluded or removed. Anyone with a similar story and a successful interview? To think that i can be denied and actually removed from the country after half my life here is killing me. Any thoughts?
 
They granted your GC after your refusal of entry and visa cancellation and overstay. It's not going to be an issue for your naturalization unless you lied and said you didn't have a fiance on the second visa application (i.e. when applying for the visa you got after the cancellation), or lied and said you never had a visa revoked, or otherwise lied about those incidents in the green card process, and they discover the lie in the review of your permanent file.

1994 came to get married to a LPR, got caught at the airport and was given right there the choice of going back to my country in the next flight.
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Did they know you were planning to get married? How did they know?
 
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Thanks for replying. Actually at that time i got 2nd visa i did not tell them about my fiance . But i know in my GC interview i told them all that. I was very naive, came first time on a one way ticket... IO immediatley knew.
 
@ BigJoe, honestly it has been 16 years and my memory is not that great about every detail but i know i did sign a paper, did not get any copy of it though or i would have kept it.
 
mom_of_3 said:
Thanks for replying. Actually at that time i got 2nd visa i did not tell them about my fiance . But i know in my GC interview i told them all that. I was very naive, came first time on a one way ticket... IO immediatley knew.
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The pitbull of justice might in your future and happy to tear into your flesh at the appropriate time. USCIS can review your entire history is someone smells a rotten fish with your filing, and the fact that you omitted a material fact in your 2nd visa application, could bring sharp teeth....
 
mom_of_3 said:
Thanks for replying. Actually at that time i got 2nd visa i did not tell them about my fiance .
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Then forget about applying for naturalization, and be happy that you still have your green card. You risk being deported and permanently banned from the US if you apply for naturalization and the officer discovers the lie while reviewing your file (they are more rigorous with reviewing the file during naturalization than with the green card process).
 
mom_of_3 said:
Thanks for replying. Actually at that time i got 2nd visa i did not tell them about my fiance . But i know in my GC interview i told them all that. I was very naive, came first time on a one way ticket... IO immediatley knew.
Click to expand...

Since you are concerned then you should probably file a FOIA request on form G-639 with USCIS to see if you have a record of a Form I-275, Withdrawal of Application for Admission/Consular Notification or Form I–860, Notice and Order of Expedited Removal and all related sworn statements. In addition, find out if you obtained a waiver (I-601 or I-212) during adjustment of status to see if that past misrepresentation has already been forgiven. If you were actually removed, you would have been barred from re-entry for a minimum of 5 years and not issued the subsequent visa. If you had not been given a waiver for misrepresentation, you would have been denied adjustment. Even if there was something technically wrong with your adjustment, there is a 5 year statute of limitations on recission under INA 246.

You have probably already dealt with the situation and are probably fully eligible to file an N-400, but since you are worried about it then finding out first would be the way to ptoceed.
 
BigJoe5 said:
Since you are concerned then you should probably file a FOIA request on form G-639 with USCIS to see if you have a record of a Form I-275, Withdrawal of Application for Admission/Consular Notification or Form I–860, Notice and Order of Expedited Removal and all related sworn statements. In addition, find out if you obtained a waiver (I-601 or I-212) during adjustment of status to see if that past misrepresentation has already been forgiven. If you were actually removed, you would have been barred from re-entry for a minimum of 5 years and not issued the subsequent visa. If you had not been given a waiver for misrepresentation, you would have been denied adjustment. Even if there was something technically wrong with your adjustment, there is a 5 year statute of limitations on recission under INA 246.

You have probably already dealt with the situation and are probably fully eligible to file an N-400, but since you are worried about it then finding out first would be the way to ptoceed.
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I personally think this is premium information and the way to go and you may need an attorney to navigate all that. Even most immigration attorneys may not readily have this much to inform you with. Many simply file N400 without doing much else except those that are actively in the business of of fighting removals, inadmissibilities, etc who are deep into the immigration codes that can apply to specific cases. One of such is located in NYC, not sure where you are but I'm sure it does not matter, their many favorable rulings are major caselaws, check them out; http://www.bretzlaw.com/ , make sure you peruse their "Pro-Bono Work" and "Published Decisions" links, these guys are heavy hitters since the days of INS.
 
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I think there is more to this story..some things just dont add up..
But ill take a stab at it a moment tho..

I want to know when you got refused entry in 1994 cas of what you say? cas they found out you was getting married to a LPR on your visting visa?
so you got found out in a lie then on your visting visa correct? so they refused you entry....hmmmm

Ok illl move on...how, what visa did you apply for when you came back to the usa? cas the way i see it to get another visa nomatter what you must of lied on that application to even be allowed a visa....correct? hmmmm

so ok all that said and done,,,,you came to the usa on your whatever fraudulant visa application got married to maybe your LPR at the time and maybe hes now a usc now today....but you guys are no longer married and now you feel that you want to get a usc...correct..?

have i got this right or wrong...?
 
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