Recently, a young woman came to my office for a consultation after USCIS denied her naturalization application. The reason? Her mother immigrated to the US as “single” but was secretly married. The mother concealed this marriage to the US Embassy years ago, when she (and this child) applied for their immigrant visas, and the mother brought along this young woman as her “derivative child.”
After being a permanent resident for over five years, this young woman applied for naturalization. One requirement for naturalization is that the person must have been “lawfully admitted for permanent residence.” When the young woman went for her naturalization interview, the officer questioned her extensively about how she and her mother obtained their green cards, and ultimately determined she was “not lawfully admitted for permanent residence,” because she and her mother obtained their green cards through fraud, concealment, and misrepresentation.
The mother had been petitioned as “single” by her US citizen parent in the F-1 category. While waiting for the priority date to become current, the mother got married. Eventually, in June 2002, the priority date on that F-1 petition became current, and the mother and this young woman appeared at the Embassy to obtain their immigrant visas. The mother confirmed to the Embassy, in writing, that she had never married, which was not true. They were given immigrant visas based on the mother being “single” and entered the US that same month. However, since the mother was married, she and this daughter were not entitled to immigrant visas based on the mother being “single.” In other words, they were not “lawfully” admitted to the US.
What makes this case even more tragic is that the priority date for married children of US citizens (F-3) became current two months later, in August 2002. Had the mother waited a mere two months to enter the US in August 2002, she could have entered the US “lawfully,” and brought along her husband. Now, her fraud was discovered when her derivative child applied for naturalization.
At the moment, DHS is not going after the daughter. If they do, my office would stand ready to assist and defend her. I know that there are many Filipinos who had immigrated to the US as “single,” when they were actually married. They believe that if they “keep quiet” and remain green card holders, they will be fine. Now, you can see that if your derivative child naturalizes, you risk being exposed.
The best course of action is to be honest and truthful and abide by the immigration laws, in that if you were petitioned single, then remain single. As I have said on my television show, Citizen Pinoy, “If you love them, don’t marry them.” Had the mother remained single, or immigrated two months later, she would not have jeopardized her child’s future.
If you have any immigration issues in your past, consult with an attorney, who can evaluate your situation (and/or your derivative children’s situation) to determine the best and safest course of action. As you can see, a derivative child’s naturalization could jeopardize the parent.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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