An individual who is a green card holder and who committed prior fraud may apply for the necessary waivers to be able to continue to stay in lawful status. What happens if the green card holder was put in removal/deporation proceedings after the U.S. Citizenship and Immigration Services discovers the fraud? Can he still maintain the green card status and travel without any problem of returning back to the United States. An anonymous reader sent this letter to me:
Dear Atty. Lou,
I immigrated to the United States on June 1, 1988 as a single adult child of a U.S. citizen. The truth is when I was petitioned I was already secretly married in November 5, 1980. In 1995, I applied for U.S. naturalization in order that I may become a U.S. citizen. Unfortunately, the legacy Immigration and Naturalization Service (INS) found out about my prior marriage. I was on vacation in the Philippines when the INS sent me the “Order to Show Cause” and a “Notice of Hearing”. It was stated in the Order to Show Cause that I committed fraud and they will be deporting me. I failed to appear for scheduled hearing which was scheduled on December 1996. I, then, received another letter saying that the Immigration Judge terminated the proceedings in March 1997. Sometime in 1998, the INS re-opened my case but the Immigration Judge terminated the proceedings for the second time. Since 1998, I have not heard from the INS. Can I go home to the Philippines and return without any problem? Will I be eligible to apply for U.S. citizenship again?
Anonymous
Dear Anonymous,
When your U.S. citizen parent petitioned you in 1988, you were granted a resident status because you were “single”. The fact that you lied about your marital status means that your green card was obtained fraudulently. The U.S. immigration service would not have issued you the green card had they known that you were married. But unlike a green card holder petitioner, your parent is a U.S. citizen and so your petition may have just been downgraded from first preference to third preference or married children of U.S. citizens. If you wish to apply again for naturalization, this issue is going to come up and there is a possibility that your removal proceedings will be reinstated. But as I mentioned to you while you may have lied on your application, you are going to be allowed to file an application for waiver of the inadmissibility and be able to clear the defect on your green card. Once, this matter has been cleared with the immigration judge and you are granted a waiver, you will be allowed to maintain your green card status and then apply for naturalization. Of course, there is always a possibility that your waiver may not be approved depending on the circumstances of your case. If it is denied, you will be ordered removed.
In regards to your desire to travel temporarily to the Philippines using your present green card, you may still travel and be allowed to use your green card to return to the United States. But just like your application for naturalization, the matter regarding your fraud and misrepresentation may arise again when you try to enter the United States after your trip abroad. If the U.S. Customs and Border Protection inspector looks at your record it will be discovered that you had a prior removal proceedings that has been terminated.
You did not mention the reason for the termination in your letter. If the reason for termination is lack of notice, then the CBP inspector will have the opportunity to serve you with another Notice to Appear upon your arrival. On the other hand, if the reason for termination is based on the merits of your case meaning that there is no ground for removal, you should not have any problem returning with your current green card. It will be best for you to have your documents examined by an experienced immigration attorney before you take any action regarding your naturalization or before you travel outside of the United States.
Good luck.
Atty. Lou
Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her principal office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808 or 1888 930 0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com)
