Tuesday, March 13, 2012

Applying for Citizenship with Incorrect Documents

I am providing a situation I have recently been confronted with as an example of when this may be an issue for people trying to obtain US citizenship.
As stated by the woman involved:I'm married to a US citizen. He wants to file a residency petition for me but the problem is although I came in legally, my name was not correct on the passport. Meaning the whole thing was a fraud where I was someone else's child with a different last name. I was 5 years old. It wasn't under my control. How will this affect my process?

Advice provided by Immigration Specialists: Your husband can file for you but your inspection was fraudulent. Depending on the case law in your Circuit, this may still be considered an inspection and admission, albeit a fraudulent one. If so, your husband can petition for you but you will need a waiver to overcome the fraud that creates a ground of inadmissibility in your case. To obtain the waiver you will have to demonstrate that it will be an extreme hardship on your husband if you are not granted the waiver.

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