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View Full Version : Naturalized USC - who GOT original GC through Marriage to USC, now marries foreigner


AGUILA
01-01-2004, 07:33 PM
How will be treated an AOS in a marriage where the USC is a naturalized one
who got his green card from a marriage to a USC in the past but marriage did
not work out and 2-3 for years after his/her divorce marries an overstay and
files AOS, will the interview be harder? will they assumed marriage fraud in
the first marriage?

L D Jones
01-02-2004, 02:38 PM
AGUILA wrote:
How will be treated an AOS in a marriage where the USC is a naturalized one who got his green card from a marriage to a USC in the past but marriage did not work out and 2-3 for years after his/her divorce marries an overstay and files AOS, will the interview be harder? will they assumed marriage fraud in the first marriage?

In my opinion it will not make any difference

AGUILA
01-02-2004, 03:04 PM
Is your opinion based on any experience as an attorney/paralegal?

"L D Jones" <73313875683@yahoo.org> wrote in message
news:3FF5F32F.EB4CCA21@yahoo.org...
AGUILA wrote:
How will be treated an AOS in a marriage where the USC is a naturalized
one
who got his green card from a marriage to a USC in the past but marriage
did
not work out and 2-3 for years after his/her divorce marries an overstay
and
files AOS, will the interview be harder? will they assumed marriage
fraud in
the first marriage? In my opinion it will not make any difference

RoB1833
01-02-2004, 07:18 PM
Originally posted by Aguila

Is your opinion based on any experience as an attorney/paralegal?





If you wanted the opinion of an attorney or paralegal why don't you pay
for it instead of posting on here.


--
Posted via http://britishexpats.com

Marcelo
01-03-2004, 09:14 AM
In my opinion (I'm NOT an attorney or anything like that) if you were to
have any problems, it would be during your naturalization or AOS process. If
you're over that hump (as it seems), it should not matter anymore. For the
INS to doubt your basis for naturalization AFTER they have given it to you ,
they would be admitting to incompetence. It's unlikely they will do that.

Marcelo

"AGUILA" <aguila@britishexpats.com> wrote in message
news:3ff4e6ab$1@news.usenetgateway.com...
How will be treated an AOS in a marriage where the USC is a naturalized
one
who got his green card from a marriage to a USC in the past but marriage
did
not work out and 2-3 for years after his/her divorce marries an overstay
and
files AOS, will the interview be harder? will they assumed marriage fraud
in
the first marriage?

AGUILA
01-03-2004, 09:36 AM
I wanted an 'educated' opinion rather than a personal one. Someone here
might have gotten thru this situation in the past, or some of the
attorneys/paralegals who post here could give me some insight as to how
USCIS handle this type of cases.

"RoB1833" <member10152@british_expats.com> wrote in message
news:1145553.1073099928@britishexpats.com...
Originally posted by Aguila
Is your opinion based on any experience as an attorney/paralegal? If you wanted the opinion of an attorney or paralegal why don't you pay for it instead of posting on here. -- Posted via http://britishexpats.com

sphyrapicus
01-03-2004, 09:45 AM
Originally posted by Marcelo

In my opinion (I'm NOT an attorney or anything like that) if you were to
have any problems, it would be during your naturalization or AOS process. If
you're over that hump (as it seems), it should not matter anymore. For the
INS to doubt your basis for naturalization AFTER they have given it to you ,
they would be admitting to incompetence. It's unlikely they will do that.

Marcelo



TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part II > Sec. 1451.
Prev | Next



Sec. 1451. - Revocation of naturalization



(a) Concealment of material evidence; refusal to testify



It shall be the duty of the United States attorneys for the respective
districts, upon affidavit showing good cause therefor, to institute
proceedings in any district court of the United States in the judicial
district in which the naturalized citizen may reside at the time of
bringing suit, for the purpose of revoking and setting aside the order
admitting such person to citizenship and canceling the certificate of
naturalization on the ground that such order and certificate of
naturalization were illegally procured or were procured by concealment
of a material fact or by willful misrepresentation, and such revocation
and setting aside of the order admitting such person to citizenship and
such canceling of certificate of naturalization shall be effective as of
the original date of the order and certificate, respectively: Provided,
That refusal on the part of a naturalized citizen within a period of ten
years following his naturalization to testify as a witness in any
proceeding before a congressional committee concerning his subversive
activities, in a case where such person has been convicted of contempt
for such refusal, shall be held to constitute a ground for revocation of
such person's naturalization under this subsection as having been
procured by concealment of a material fact or by willful
misrepresentation. If the naturalized citizen does not reside in any
judicial district in the United States at the time of bringing such
suit, the proceedings may be instituted in the United States District
Court for the District of Columbia or in the United States district
court in the judicial district in which such person last had his
residence.



(b) Notice to party



The party to whom was granted the naturalization alleged to have been
illegally procured or procured by concealment of a material fact or by
willful misrepresentation shall, in any such proceedings under
subsection (a) of this section, have sixty days' personal notice, unless
waived by such party, in which to make answers to the petition of the
United States; and if such naturalized person be absent from the United
States or from the judicial district in which such person last had his
residence, such notice shall be given either by personal service upon
him or by publication in the manner provided for the service of summons
by publication or upon absentees by the laws of the States or the place
where such suit is brought.



(c) Membership in certain organizations; prima facie evidence



If a person who shall have been naturalized after December 24, 1952
shall within five years next following such naturalization become a
member of or affiliated with any organization, membership in or
affiliation with which at the time of naturalization would have
precluded such person from naturalization under the provisions of
section 1424 of this title, it shall be considered prima facie evidence
that such person was not attached to the principles of the Constitution
of the United States and was not well disposed to the good order and
happiness of the United States at the time of naturalization, and, in
the absence of countervailing evidence, it shall be sufficient in the
proper proceeding to authorize the revocation and setting aside of the
order admitting such person to citizenship and the cancellation of the
certificate of naturalization as having been obtained by concealment of
a material fact or by willful misrepresentation, and such revocation and
setting aside of the order admitting such person to citizenship and such
canceling of certificate of naturalization shall be effective as of the
original date of the order and certificate, respectively.



(d) Applicability to citizenship through naturalization of parent or
spouse



Any person who claims United States citizenship through the
naturalization of a parent or spouse in whose case there is a revocation
and setting aside of the order admitting such parent or spouse to
citizenship under the provisions of subsection (a) of this section on
the ground that the order and certificate of naturalization were
procured by concealment of a material fact or by willful
misrepresentation shall be deemed to have lost and to lose his
citizenship and any right or privilege of citizenship which he may have,
now has, or may hereafter acquire under and by virtue of such
naturalization of such parent or spouse, regardless of whether such
person is residing within or without the United States at the time of
the revocation and setting aside of the order admitting such parent or
spouse to citizenship. Any person who claims United States citizenship
through the naturalization of a parent or spouse in whose case there is
a revocation and setting aside of the order admitting such parent or
spouse to citizenship and the cancellation of the certificate of
naturalization under the provisions of subsection (c) of this section,
or under the provisions of section 1440(c) of this title on any ground
other than that the order and certificate of naturalization were
procured by concealment of a material fact or by willful
misrepresentation, shall be deemed to have lost and to lose his
citizenship and any right or privilege of citizenship which would have
been enjoyed by such person had there not been a revocation and setting
aside of the order admitting such parent or spouse to citizenship and
the cancellation of the certificate of naturalization, unless such
person is residing in the United States at the time of the revocation
and setting aside of the order admitting such parent or spouse to
citizenship and the cancellation of the certificate of naturalization.



(e) Citizenship unlawfully procured



When a person shall be convicted under section 1425 of title 18 of
knowingly procuring naturalization in violation of law, the court in
which such conviction is had shall thereupon revoke, set aside, and
declare void the final order admitting such person to citizenship, and
shall declare the certificate of naturalization of such person to be
canceled. Jurisdiction is conferred on the courts having jurisdiction of
the trial of such offense to make such adjudication.



(f) Cancellation of certificate of naturalization



Whenever an order admitting an alien to citizenship shall be revoked and
set aside or a certificate of naturalization shall be canceled, or both,
as provided in this section, the court in which such judgment or decree
is rendered shall make an order canceling such certificate and shall
send a certified copy of such order to the Attorney General. The clerk
of court shall transmit a copy of such order and judgment to the
Attorney General. A person holding a certificate of naturalization or
citizenship which has been canceled as provided by this section shall
upon notice by the court by which the decree of cancellation was made,
or by the Attorney General, surrender the same to the Attorney General.



(g) Applicability to certificates of naturalization and citizenship



The provisions of this section shall apply not only to any
naturalization granted and to certificates of naturalization and
citizenship issued under the provisions of this subchapter, but to any
naturalization heretofore granted by any court, and to all certificates
of naturalization and citizenship which may have been issued heretofore
by any court or by the Commissioner based upon naturalization granted by
any court, or by a designated representative of the Commissioner under
the provisions of section 702 of the Nationality Act of 1940, as
amended, or by such designated representative under any other act.



(h) Power to correct, reopen, alter, modify, or vacate order



Nothing contained in this section shall be regarded as limiting,
denying, or restricting the power of the Attorney General to correct,
reopen, alter, modify, or vacate an order naturalizing the person


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Posted via http://britishexpats.com

L D Jones
01-03-2004, 10:55 AM
AGUILA wrote:
Is your opinion based on any experience as an attorney/paralegal?

No. Ask an attorney if you want an attorney's opinion

AGUILA
01-03-2004, 02:35 PM
sphyrapicus:

You love to read the USCIS website and the law right? I do too... however, I
was referring not to USCIS going after naturalized USC, instead making
interview for AOS interview of his new alien spouse difficult since it was
already married in the past and got this GC thru that marriage.

Is totally normal and understandable to any person with common sense that of
course a marriage cannot workout between USC and Alien, and that in the
future alien might pursue another relationship and get married to an
alien... but for USCIS this could be suspicious case since they could think
naturalized USC married with other motivation on the first marriage or that
this second marriage is a 'sham' one.


"sphyrapicus" <member18745@british_expats.com> wrote in message
news:1146533.1073151928@britishexpats.com...
Originally posted by Marcelo
In my opinion (I'm NOT an attorney or anything like that) if you were to have any problems, it would be during your naturalization or AOS process. If you're over that hump (as it seems), it should not matter anymore. For the INS to doubt your basis for naturalization AFTER they have given it to you , they would be admitting to incompetence. It's unlikely they will do that. Marcelo TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part II > Sec. 1451. Prev | Next Sec. 1451. - Revocation of naturalization (a) Concealment of material evidence; refusal to testify It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively: Provided, That refusal on the part of a naturalized citizen within a period of ten years following his naturalization to testify as a witness in any proceeding before a congressional committee concerning his subversive activities, in a case where such person has been convicted of contempt for such refusal, shall be held to constitute a ground for revocation of such person's naturalization under this subsection as having been procured by concealment of a material fact or by willful misrepresentation. If the naturalized citizen does not reside in any judicial district in the United States at the time of bringing such suit, the proceedings may be instituted in the United States District Court for the District of Columbia or in the United States district court in the judicial district in which such person last had his residence. (b) Notice to party The party to whom was granted the naturalization alleged to have been illegally procured or procured by concealment of a material fact or by willful misrepresentation shall, in any such proceedings under subsection (a) of this section, have sixty days' personal notice, unless waived by such party, in which to make answers to the petition of the United States; and if such naturalized person be absent from the United States or from the judicial district in which such person last had his residence, such notice shall be given either by personal service upon him or by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the States or the place where such suit is brought. (c) Membership in certain organizations; prima facie evidence If a person who shall have been naturalized after December 24, 1952 shall within five years next following such naturalization become a member of or affiliated with any organization, membership in or affiliation with which at the time of naturalization would have precluded such person from naturalization under the provisions of section 1424 of this title, it shall be considered prima facie evidence that such person was not attached to the principles of the Constitution of the United States and was not well disposed to the good order and happiness of the United States at the time of naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancellation of the certificate of naturalization as having been obtained by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively. (d) Applicability to citizenship through naturalization of parent or spouse Any person who claims United States citizenship through the naturalization of a parent or spouse in whose case there is a revocation and setting aside of the order admitting such parent or spouse to citizenship under the provisions of subsection (a) of this section on the ground that the order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation shall be deemed to have lost and to lose his citizenship and any right or privilege of citizenship which he may have, now has, or may hereafter acquire under and by virtue of such naturalization of such parent or spouse, regardless of whether such person is residing within or without the United States at the time of the revocation and setting aside of the order admitting such parent or spouse to citizenship. Any person who claims United States citizenship through the naturalization of a parent or spouse in whose case there is a revocation and setting aside of the order admitting such parent or spouse to citizenship and the cancellation of the certificate of naturalization under the provisions of subsection (c) of this section, or under the provisions of section 1440(c) of this title on any ground other than that the order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation, shall be deemed to have lost and to lose his citizenship and any right or privilege of citizenship which would have been enjoyed by such person had there not been a revocation and setting aside of the order admitting such parent or spouse to citizenship and the cancellation of the certificate of naturalization, unless such person is residing in the United States at the time of the revocation and setting aside of the order admitting such parent or spouse to citizenship and the cancellation of the certificate of naturalization. (e) Citizenship unlawfully procured When a person shall be convicted under section 1425 of title 18 of knowingly procuring naturalization in violation of law, the court in which such conviction is had shall thereupon revoke, set aside, and declare void the final order admitting such person to citizenship, and shall declare the certificate of naturalization of such person to be canceled. Jurisdiction is conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. (f) Cancellation of certificate of naturalization Whenever an order admitting an alien to citizenship shall be revoked and set aside or a certificate of naturalization shall be canceled, or both, as provided in this section, the court in which such judgment or decree is rendered shall make an order canceling such certificate and shall send a certified copy of such order to the Attorney General. The clerk of court shall transmit a copy of such order and judgment to the Attorney General. A person holding a certificate of naturalization or citizenship which has been canceled as provided by this section shall upon notice by the court by which the decree of cancellation was made, or by the Attorney General, surrender the same to the Attorney General. (g) Applicability to certificates of naturalization and citizenship The provisions of this section shall apply not only to any naturalization granted and to certificates of naturalization and citizenship issued under the provisions of this subchapter, but to any naturalization heretofore granted by any court, and to all certificates of naturalization and citizenship which may have been issued heretofore by any court or by the Commissioner based upon naturalization granted by any court, or by a designated representative of the Commissioner under the provisions of section 702 of the Nationality Act of 1940, as amended, or by such designated representative under any other act. (h) Power to correct, reopen, alter, modify, or vacate order Nothing contained in this section shall be regarded as limiting, denying, or restricting the power of the Attorney General to correct, reopen, alter, modify, or vacate an order naturalizing the person -- Posted via http://britishexpats.com

sphyrapicus
01-03-2004, 04:08 PM
Originally posted by Aguila

sphyrapicus:

You love to read the USCIS website and the law right? I do too... however, I
was referring not to USCIS going after naturalized USC, instead making
interview for AOS interview of his new alien spouse difficult since it was
already married in the past and got this GC thru that marriage.

Is totally normal and understandable to any person with common sense that of
course a marriage cannot workout between USC and Alien, and that in the
future alien might pursue another relationship and get married to an
alien... but for USCIS this could be suspicious case since they could think
naturalized USC married with other motivation on the first marriage or that
this second marriage is a 'sham' one.




I was responding to Marcelo's statement that once you're over the hump
and granted citizenship that you are clear and free. That is not
correct. USCIS can still look back at your history and make a
determination that the first marriage (or naturalization) was entered
(obtained) in a fraudulent manner. I'm not saying this is the case for
you. I'm merely commenting on Marcelo's inaccurate statement.


--
Posted via http://britishexpats.com

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