Can a Permanent Resident Stepchild Become a U.S. Citizen If Their Mother has NTA to accused fraud?

[justwantsomehelp 0]

Hey everyone, I have a question about a hypothetical immigration situation and would like some feedback.

 

Scenario:

• A child entered the U.S. lawfully through their mother's F1 student visa.

• The child’s mother later married a U.S. citizen and obtained permanent residency.

• The child, as the stepchild of the U.S. citizen, obtained permanent residency before turning 18.

• Years later, the mother receives a Notice to Appear for being accused of immigration fraud (immigration school fraud) related to her case (child does  not receive one).

• The child is now an adult but still holds permanent residency.

•  

Given this situation, is there still a pathway for the child to become a U.S. citizen? Would the mother's legal issues affect the child’s ability to apply for citizenship?

 

Any insights would be really appreciated.

[Dashinka 25,843]

Could be implications for the child if the mother is found guilty of the immigration fraud.  Definitely lawyer territory if this scenario is real.  Questions I would have is did the child come with the mother on the F1, or were they petitioned by the step-father after the marriage?

[Boiler 47,452]

I would think there would be a problem If the marriage was fraudulent 

[Dashinka 25,843]

32 minutes ago, Boiler said:

I would think there would be a problem If the marriage was fraudulent 

Good point.  I was thinking more al9mg the lines of the F1 being fraudulent, but the marriage being legitimate, but I suppose it is an option that both were fraudulent.

Edited July 4 by Dashinka

[Boiler 47,452]

30 minutes ago, Dashinka said:

Good point.  I was thinking more al9mg the lines of the F1 being fraudulent, but the marriage being legitimate, but I suppose it is an option that both were fraudulent.

 

Trying to think how this would come out many years later. Lets say for discussion she never went to Uni, never intended to, married and adjusted, well why was it not an issue then and would there not be a waiver available?

[justwantsomehelp1 1]

8 hours ago, Dashinka said:

Could be implications for the child if the mother is found guilty of the immigration fraud.  Definitely lawyer territory if this scenario is real.  Questions I would have is did the child come with the mother on the F1, or were they petitioned by the step-father after the marriage?

The child came with mother on the F1, and the stepfather petitioned for child after marriage. Child was petitioned as stepchild of US citizen. Marriage and conditional green card was issued prior to child turning 18.

 

 

5 hours ago, Boiler said:

 

Trying to think how this would come out many years later. Lets say for discussion she never went to Uni, never intended to, married and adjusted, well why was it not an issue then and would there not be a waiver available?

Conditional and 10 year GC was issued because the marriage was deemed to be legitimate and there were no questions about the F1 visa. The mother ran into issues because the school that issued her the F1 years ago was convicted of immigration fraud years later.

[OldUser 9,867]

Time to lawyer up. In my amateur opinion, any benefit obtained through fraud is subject for revocation, even if it was for dependant.

[Dashinka 25,843]

4 hours ago, justwantsomehelp1 said:

The child came with mother on the F1, and the stepfather petitioned for child after marriage. Child was petitioned as stepchild of US citizen. Marriage and conditional green card was issued prior to child turning 18.

 

 

Conditional and 10 year GC was issued because the marriage was deemed to be legitimate and there were no questions about the F1 visa. The mother ran into issues because the school that issued her the F1 years ago was convicted of immigration fraud years later.

Still married?