Jump to content

Gallery      Downloads      Example Forms      Processing Times      Embassy Info      Reviews: Embassy/USCIS & POE      VJ Affiliates     Members


  • Please log in to reply

Citizenship Denied

#1 Joseyjava

Joseyjava

    Member

  • Members
  • PipPipPipPip

Posted 07 August 2012 - 03:00 PM

I have a friend and his citizenship was denied, I really didnlt ask for the details, but he told me when he had his interview to migrate in the US he said that he was not married, but when he applied for his ctizenship he claims they found out he was married before he even get here in the US. and now his greencard is about to expires. what he should do?
  • 0
IR-1/CR-1 Visa

Event Date
Service Center : Vermont Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2006-03-26
I-130 Sent : 2012-02-01
I-130 NOA1 : 2012-02-03
I-130 RFE : NO RFE
I-130 RFE Sent : NO RFE
I-130 Approved : 2012-05-29
NVC Received : 2012-06-27
Received DS-3032 / I-864 Bill : 2012-06-27
Pay I-864 Bill 2012-06-28
Receive I-864 Package : 2012-07-05
Return Completed I-864 :
Return Completed DS-3032 : 2012-07-10
Receive IV Bill : 2012-07-11
Pay IV Bill : 2012-07-11
Receive Instruction Package : 2012-07-12
Case Completed at NVC : 2012-07-24
NVC Left : 2012-07-24
Consulate Received :
Packet 3 Received :
Packet 3 Sent :
Packet 4 Received : 2012-07-31
Interview Date : 2012-09- 11

#2 Harpa Timsah

Harpa Timsah

    Elite Member

  • Members

Posted 07 August 2012 - 03:16 PM

*
POPULAR

Good, I am glad they discovered his lie. Depending on the details, his whole immigration file was based on fraud (he lied and said he was not married when he was), and they can revoke his Greencard and deport him.

Without the details, no one can help you. No on is going to help cover up fraud, however.

He either was not eligible for his family category by being married (maybe he came in under an unmarried child category), or he used this lie for some other reason.
  • 6
AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

#3 PathaN

PathaN

    NewyorkeR

  • Members

Posted 07 August 2012 - 04:42 PM

Based on what you said, I think he is beyond help. It's just a matter of time when USCIS will divert their attention to his case and charge him with fraud.
  • 0
N-400

Date: 07/16/2012 Application Sent.
Date: 07/18/2012 Application Delivered(USPS Confirmation).
Date: 07/24/2012 Application Received(Email/Text Confirmation).
Date: 07/24/2012 Check Cashed.
Date: 07/28/2012 NOA Received(NOA Date:07/23/2012).
Date: 07/30/2012 Biometrics Appointment Letter Received.
Date: 08/13/2012 Biometrics Appointment. (Early Bio: 08/01/2012).
Date: 09/17/2012 "In-Line for Interview" text received.
Date: 12/01/2012 Text/Email notification for interview received.
Date: 12/08/2012 Interview letter Received.
Date: 01/10/2013 Interview.

Date: 01/31/2013 Oath Ceremony. US Citizen!!!

#4 Gegel

Gegel

    Star Member

  • Members
  • Joined: 25 May 2012
  • City:City of Cats
  • Country: Monaco



Posted 07 August 2012 - 05:03 PM

I have a friend and his citizenship was denied, I really didnlt ask for the details, but he told me when he had his interview to migrate in the US he said that he was not married, but when he applied for his ctizenship he claims they found out he was married before he even get here in the US. and now his greencard is about to expires. what he should do?


If his being married would have had no bearing on his immigration process to the US in the eyes of the USCIS, he should be able to renew his green card and remain a LPR, his fault being lying to an immigration officer in the process of obtaining citizenship. A lawyer might be able to help him straighten the record. However, if his marriage abroad should have prevented him from obtaining LPR status, he might consider leaving the country voluntarily before deportation proceedings are brought about. It can get ugly in these cases.
Good luck!
  • 2

Posted Image


#5 Harsh_77

Harsh_77

    Star Member

  • Members

Posted 07 August 2012 - 05:04 PM

First for any help one will need the details without details not much can be done.
Your friend lied on his application… his whole visa was illegal hence his claim to citizenship is void.
Why should there be amnesty or help for someone who lied and tried to cheat the system?
Unfortunately your friend did not listen to right advice and in haste to cut down the waiting time cheated the system for which he is paying now.
  • 0

#6 Lansbury

Lansbury

    Annoying the whole planet - one person at a time

  • Members

Posted 07 August 2012 - 05:45 PM

his fault being lying to an immigration officer in the process of obtaining citizenship.



Lying to a Federal Official is a criminal offense in the USA. Making false statements (18 U.S.C. § 1001) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits lying to or concealing (information) from a federal official by oral affirmation, written statement or mere denial.

I doubt a lawyer can straighten that out.

Edited by Lansbury, 07 August 2012 - 05:45 PM.

  • 1
What to expect at the POE - WIKI entry

IR-1 Timeline IR-1 details in my timeline

N-400 Timeline
2009-08-21 Applied for US Citizenship
2009-08-28 NOA
2009-09-22 Biometrics appointment
2009-12-01 Interview - Approved
2009-12-02 Oath ceremony - now a US Citizen

#7 Gegel

Gegel

    Star Member

  • Members
  • Joined: 25 May 2012
  • City:City of Cats
  • Country: Monaco



Posted 07 August 2012 - 07:27 PM

Lying to a Federal Official is a criminal offense in the USA. Making false statements (18 U.S.C. § 1001) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits lying to or concealing (information) from a federal official by oral affirmation, written statement or mere denial.

I doubt a lawyer can straighten that out.


Since we don't know what really happened, we can only speculate. It would be unwise to make any calls based on hearsay.
  • 2

Posted Image


#8 Que Saudade

Que Saudade

    I feel like I'm diagonally parked in a parallel universe.

  • Members

Posted 07 August 2012 - 09:05 PM

Since we don't know what really happened, we can only speculate. It would be unwise to make any calls based on hearsay.

No disrespect towards you Gegel.

It is obvious that the OP is asking for opinion and advise based on the information given. Isn't everything here on VJ hearsay?
2 main points.
1-denied being married in interview to immigrate
2-USCIS finds out he is and has been married prior to date of original interview and has a sworn statement from his previous interview claiming single.
The OP's friend did not claim that he is "not" married and USCIS made a mistake.
This is fairly straight forward.

Edited by Que Saudade, 07 August 2012 - 09:06 PM.

  • 1
"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."
K1 Guides and Info
K1 AOS Guide
Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

#9 islandgal

islandgal

    Platinum Member

  • Members
  • PipPipPipPipPipPipPipPipPip

Posted 07 August 2012 - 09:31 PM

I have a friend and his citizenship was denied, I really didnlt ask for the details, but he told me when he had his interview to migrate in the US he said that he was not married, but when he applied for his ctizenship he claims they found out he was married before he even get here in the US. and now his greencard is about to expires. what he should do?


How did he not know he was married? :bonk:
  • 0

K1
VSC NOA1 --- March 8, 2012
NOA2 --- October 11, 2012
Visa Approved --- December 17, 2012
POE --- December 22, 2012
 

AOS
AOS/EAD/AP NOA1 --- March 4, 2013
Biometrics --- April 3, 2013

EAD/AP received --- May 16, 2013

I am the USC


#10 missphilly

missphilly

    Member

  • Members
  • PipPipPip

Posted 07 August 2012 - 09:54 PM

I have a friend and his citizenship was denied, I really didnlt ask for the details, but he told me when he had his interview to migrate in the US he said that he was not married, but when he applied for his ctizenship he claims they found out he was married before he even get here in the US. and now his greencard is about to expires. what he should do?


Feel sorry for him... Don't try to lie in the USCIS because they will find out... Will he need to do what he got to do before his GC expire. Its too hard to be illegal in the USA.
  • 0
ADJUSTMENT OF STATUS
Filing date: April 23, 2011
I-485 Biometrics Appt Date: May 16,2011
I-485 Approval Date:June 26 , 2011
I-485 Approved: Approved
Green Card received Date: August 04,2011




#11 arvinb

arvinb

    Member

  • Members
  • PipPipPipPip

Posted 07 August 2012 - 10:04 PM

Gegel is saying that we are not 100% sure whether his visa/greencard was originally given on condition of marriage. While he DID make a false statement when originally asked about prior marriage status, (and this is the part where I say I'm not actually too knowledgeable about the situation) if it was NOT given on condition (i.e. he was going to get visa/LPR through some other avenue, during which they asked about his marriage status), his punishment may not be as severe as automatically being deported. But yes, clearly he may very well be.

No disrespect towards you Gegel.

It is obvious that the OP is asking for opinion and advise based on the information given. Isn't everything here on VJ hearsay?
2 main points.
1-denied being married in interview to immigrate
2-USCIS finds out he is and has been married prior to date of original interview and has a sworn statement from his previous interview claiming single.
The OP's friend did not claim that he is "not" married and USCIS made a mistake.
This is fairly straight forward.


  • 0

#12 Americangirl10

Americangirl10

    Member

  • Members
  • PipPipPip

Posted 07 August 2012 - 10:37 PM

No disrespect towards you Gegel.

It is obvious that the OP is asking for opinion and advise based on the information given. Isn't everything here on VJ hearsay?


The answer to this question is NO!
  • 0

Posted Image

#13 Gegel

Gegel

    Star Member

  • Members
  • Joined: 25 May 2012
  • City:City of Cats
  • Country: Monaco



Posted 08 August 2012 - 07:41 AM

*
POPULAR

No disrespect towards you Gegel.

It is obvious that the OP is asking for opinion and advise based on the information given. Isn't everything here on VJ hearsay?
2 main points.
1-denied being married in interview to immigrate
2-USCIS finds out he is and has been married prior to date of original interview and has a sworn statement from his previous interview claiming single.
The OP's friend did not claim that he is "not" married and USCIS made a mistake.
This is fairly straight forward.


Don't worry. I don't take any comments as disrespectful and I do see your point as well. What we don't know is the relevance of his marriage in his immigration process during the LPR process. It goes without saying that if he obtained his green card through marriage to a US citizen he is up the creek with no paddle. However, if his marital status represented no deciding factor in that process, he can certainly seek to redress the situation by appealing to our legal system. I do not wish to presume to guarantee any results so much as I wanted to point out that it may be well worth his while to have his day in court over this matter. That is the call to which I referred in my previous post.
On a personal note, I believe we are all here to bounce ideas from each other in a collaborative experience and that is how I took your comments. There is absolutely no disrespect in questioning someone else's point of view and if we all agreed all the time, there would be no edification to anyone. Posted Image
  • 5

Posted Image


#14 Que Saudade

Que Saudade

    I feel like I'm diagonally parked in a parallel universe.

  • Members

Posted 08 August 2012 - 08:35 AM

Don't worry. I don't take any comments as disrespectful and I do see your point as well. What we don't know is the relevance of his marriage in his immigration process during the LPR process. It goes without saying that if he obtained his green card through marriage to a US citizen he is up the creek with no paddle. However, if his marital status represented no deciding factor in that process, he can certainly seek to redress the situation by appealing to our legal system. I do not wish to presume to guarantee any results so much as I wanted to point out that it may be well worth his while to have his day in court over this matter. That is the call to which I referred in my previous post.
On a personal note, I believe we are all here to bounce ideas from each other in a collaborative experience and that is how I took your comments. There is absolutely no disrespect in questioning someone else's point of view and if we all agreed all the time, there would be no edification to anyone. Posted Image


Thanks Gegel for your reply. I concur 100%. But, the law is on the books about lying (or any semantics thereof) to a federal official. The intention of the lie has very little bearing. In essence, perjury has been committed. Even if there are other factors, USCIS has and is calling him out on it.
A "good" lawyer is definitely in order should he even have hopes of getting through this legally.
  • 0
"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."
K1 Guides and Info
K1 AOS Guide
Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

#15 Presley

Presley

    Senior Member

  • Members
  • PipPipPipPipPip

Posted 08 August 2012 - 12:03 PM

Thanks Gegel for your reply. I concur 100%. But, the law is on the books about lying (or any semantics thereof) to a federal official. The intention of the lie has very little bearing. In essence, perjury has been committed. Even if there are other factors, USCIS has and is calling him out on it.
A "good" lawyer is definitely in order should he even have hopes of getting through this legally.

I thought visa journey was about giving people good advices but not to criticize people. However I found some harsh comments in this tread. I didn't expect that from here. We all know that he lies but don't make it worse by criticizing. As a matter of fact we all were and are aliens.

Edited by Presley, 08 August 2012 - 12:06 PM.

  • 1




0 user(s) are browsing this forum

0 members, 0 guests, 0 anonymous users


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.