Jump to content
transmissao77

Complicated story - Citizenship can be revoked?

33 posts in this topic

Recommended Posts

Hello everybody! First of all, sorry for my English.

This is a long story and I'll try to tell very detailed, so you can help me better.

My mother and my ex stepfather (both brazilians) moved from Brazil to US as students 22 years ago. They got married a week later they arrived. Two years later my ex stepfather acquired the green card through a company opening and consequently my mother since they were married. After many years (about 10 years ago) she got the citizenship by time of residence. They have 2 children (19 and 15).

4 years ago he cancelled the marriage claiming that my mother was already married when they got married. That time they moved to US my mom was legally separated but not divorced because in Brazil it used to take long time between separation and divorce. He knew everything and his father was the lawyer responsible for the divorce from my mother, but even though he claimed he knew nothing about my mother's previously marriage (my mother has thousands of proofs).He was the responsible for filling out the geen card and the citizenship paperwork.

Now my mother wants to apply for my green card. We consulted a lawyer who (after a year) did not recommend my mother to apply for my green card, because she can have her citizenship revoked (denaturalization) for disclosuring false information and for obtained by fraud

Some matters to consider:

- My mother is a good citizen that works, pays taxes, has two American daughters

- She got married to my ex stepfather before he has the green card) so she did not married him by interest

- Her citizenship was through time of residence, not marriage

- I'm 26

Thank you for helping me and I'm sorry again for my poor english

Share this post


Link to post
Share on other sites

If a lawyer who studied immigration law didn't recommend that your mom sponsor you. Why would you jeopardize her status ?


Marriage

06/20/2010: Met Online

09/05/2012: Marriage in Pretoria, South Africa

I-130

03/24/2013: Package I-130 was sent to Chicago Lockbox
04/01/2013: NOA1 Hard Copy
07/26/2013: Infopass
07/30/2013: RFE Received
08/05/2013: RFE Sent
05/01/2014: NOA2 Hard Copy

The process took almost 14 months (well ... that really sucks)

AOS

05/05/2014: Package I-485, I-765 and I-131 Sent
05/16/2014: NOA1 Hard Copy( I-765, I-485 )

05/28/2014: Biometric Appointment ( 15 days earlier than scheduled )

06/04/2014: RFE ( Sponsor's Proof of Employment )

06/06/2014: RFE Sent

07/30/2014: EAD/AP Received

09/23/2014: Interview

10/03/2014: Case Approved
10/09/2014: GC Received (10 YRS)

N-400

Qualified by 319b

05/02/2015: Fingerprints in the US embassy

05/04/2015: N-400 sent

05/19/2015: Cash checked

05/21/2015: NOA1

06/08/2015: In-Line for an Interview

07/21/2015: Interview

07/21/2015: Oath Ceremony ... I'm a U.S. Citizen

Share this post


Link to post
Share on other sites

If a lawyer who studied immigration law didn't recommend that your mom sponsor you. Why would you jeopardize her status ?

We want a second opinion, and we dont trust this lawyer. She took a year to give us an answer and she seemed uninterested. We scheduled a call with her and she cancelled it three times. Then she called us and it was very quick and uninterested

I'm not trying to jeopardize her status. She wants me to move to US

Share this post


Link to post
Share on other sites

Your mother got her citizenship based on her time as a permanent residence, not based on marriage, however, she got her green card based on marriage to your ex-stepfather. The problem is that your mother and ex-stepfather were never legally married. Therefore your mother was never eligible for a green card.

There is of course the question of fraud that you bring up, but let's ignore that for the moment... Whether or not he or she realized at the time that they were not legally married doesn't really matter because whether or not there was a case of intentional fraud, your mother should never have got her green card. The lawyer is right that her citizenship COULD be revoked. I don't know how likely that is.

The fact is that if you got a green card through fraud OR through an error, your greencard (and your citizenship can be revoked). Furthermore, revocation of citizenship is retroactive. This means that if your mother would be considered to have never been a citizen. This means that if you get your green card through her and then get your citizenship, but at some time in the future USCIS investigates and revokes her citizenship, you would also lose your citizenship and greencard.

I'm not a lawyer but the first thing I'd do is investigate if the Basilian separation law at the time was equivalent to divorce... could your mom have legally remarried in Brazil at the time?

Edited by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post


Link to post
Share on other sites

As I mentioned above, there is the possible issue of fraud but that is not the main issue. The main issue here is grounds for eligibility for the green card in the first place.

This is similar to a case of a young man who moved back to the. US with his father after his mother passed away. Years later, as he was about to apply for citizenship, he discovered that his father was not his biological father and had not legally adopted him by the necessary age of 16. There was therefore no claim to citizenship or to the green card. I don't know how that case ended but revocation of the green card was certainly possible because it should never have been issued.

Perhaps you should look into going to school in the US and moving here on an F1 visa. Just a suggestion.

Edited by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post


Link to post
Share on other sites

You can always get a second opinion.

I would agree with the Lawyer, bigamous marriage so everything that flowed from it is void.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

The lawyer was correct in this case. Your mother obtained her greencard fraudulently, as she was in a bigamous marriage, and thus she should not have gotten citizenship either. Now, if your ex-stepdad was complicit, he may be in trouble too for lying to immigration about the legal status of his then-wife, but the main issue here is your mother.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

Now you have other opinions. You can also hire another lawyer so he can tell you the same thing... why waste more money and jeopardize her status here ?

Edited by Achraf

Marriage

06/20/2010: Met Online

09/05/2012: Marriage in Pretoria, South Africa

I-130

03/24/2013: Package I-130 was sent to Chicago Lockbox
04/01/2013: NOA1 Hard Copy
07/26/2013: Infopass
07/30/2013: RFE Received
08/05/2013: RFE Sent
05/01/2014: NOA2 Hard Copy

The process took almost 14 months (well ... that really sucks)

AOS

05/05/2014: Package I-485, I-765 and I-131 Sent
05/16/2014: NOA1 Hard Copy( I-765, I-485 )

05/28/2014: Biometric Appointment ( 15 days earlier than scheduled )

06/04/2014: RFE ( Sponsor's Proof of Employment )

06/06/2014: RFE Sent

07/30/2014: EAD/AP Received

09/23/2014: Interview

10/03/2014: Case Approved
10/09/2014: GC Received (10 YRS)

N-400

Qualified by 319b

05/02/2015: Fingerprints in the US embassy

05/04/2015: N-400 sent

05/19/2015: Cash checked

05/21/2015: NOA1

06/08/2015: In-Line for an Interview

07/21/2015: Interview

07/21/2015: Oath Ceremony ... I'm a U.S. Citizen

Share this post


Link to post
Share on other sites

Wow! Lots of bad news haha.

Thanks everybody for the comments/suggestions

If they cancel her citizenship can she apply again through my sisters?

I'll look for more info about F1 visa and E2 visa (my fiance is spanish and we have the money to buy a business)

Share this post


Link to post
Share on other sites

Now you have other opinions. You can also hire another lawyer so he can tell you the same thing... why waste more money and jeopardize her status here ?

If you don't want to help, why are u trying to mess with my topic? Is the money yours? If she wants me to look for answers who are you to tell that I'm jeopardizing her status? I'm just asking what SHE wanted me to ask.

Now I have personal opinions, not professional opinions. I thank very much everybody that is helping me and trying to find solutions

I was decided to look for a second professional opinion even before creating the topic. I just wanted personal opinions because knowledge is never too much.

Share this post


Link to post
Share on other sites

Sounds like the personal opinions were not the ones you wanted.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Sounds like the personal opinions were not the ones you wanted.

As I said before, Boiler, personal opinions are never too much but this is a very important matter to have just one professional opinion and give up. I am looking for personal and professional opinions and once again I thank everybody that is trying to help

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -


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.
×