LPR brother claimed he was single, wants to petition daughters

[TagaCebuNi 0]

Hi, I'm a new member! I hope somebody can help me.

My question is about my LPR brother who wants to bring his two 19-year-old daughters (they're twins) to the US.

Here is his background: He was already over 21 when our father got his green card. Our father (at the time-1984-an LPR) petitioned my brother as unmarried/over 21, but by the time my brother had his consular interview, he had gotten married. As commonly happens, he did not reveal his true marital status to the CO. He received his visa and has been in the US since 1994, with a good job and being a contributing resident, going back for short visits to his family in the Philippines every couple of years. Meanwhile, our father became USC in 1989.

My brother is contemplating filing for Naturalization so he can bring his daughters quicker to the US. Based on my research, USCIS will deport him after they review his immigration history, which will surely reveal his fraudulent LPR. It seems his other option is filing I-130, but I'm afraid Line 14a will trip him up there, too.

Do you think he should petition his daughters?

Or should he just be content and be grateful with the status quo?

Probably an obvious answer, but does the USCIS investigate the validity of the petitioner in I-130? I'm reading in this book, "US Immigration Made Easy" (2007 edition) from Nolo Press, that "when green card holders act as petitioners, USCIS will not check its own records to establish the existence of the green card" (p.152). Seems too good to be true.

Our father thinks if by miracle his I-130 application gets approved, that the CO in Manila will deny the visas.

My brother is leaning towards Naturalization and thinks that based on his clean record and our father's citizenship, USCIS will sympathize and not deport him.

Anyone in similar experience? What did you do?

Thanks.

[JaEnglishGirl 34]

Not sure how him being married is going to come to light if he's petitioning for his daughters?

[Boiler 46,368]

He obtained his permanent residency through misrepresentation.

He could only naturalisation through further misrepresentation.

His daughters petitions would be based on his own fraudulent status.

As you have stated this in not unknown for that particular Consulate. Such petitions tend to be looked at more closely.

[TagaCebuNi 0]

Not sure how him being married is going to come to light if he's petitioning for his daughters?

Thank your for replying, JaEnglishGirl.

My brother got his GC because he did not report that he had gotten married as he was supposed to. The original petition from our father for him should had been revoked upon his marriage long time ago. If he petitions my nieces as an LPR, he will have to send birth and marriage certificates, raising red flags because he had stated he was single. Line 14a on I-130 asks for date of entry and class. More important, COs have full access to his files, and since they're almost 100% thorough, my bro's fraudulent LPR will surely come to light, which would cause visa denials for my nieces, and worse, removal for my bro.

[TagaCebuNi 0]

He obtained his permanent residency through misrepresentation.

He could only naturalisation through further misrepresentation.

His daughters petitions would be based on his own fraudulent status.

As you have stated this in not unknown for that particular Consulate. Such petitions tend to be looked at more closely.

Thank you, Boiler.

Could you please explain what you mean by "his daughters petitions would be based on his own fraudulent status"?

[Boiler 46,368]

He was not eligible for Permanent Resident status. He obvious knew that.

So his subsequent actions in sponsoring others are also invalid.

[trailmix 77]

My brother is leaning towards Naturalization and thinks that based on his clean record and our father's citizenship, USCIS will sympathize and not deport him.

Hmm, I don't really think USCIS is all that sympathetic.

my bro's fraudulent LPR will surely come to light, which would cause visa denials for my nieces, and worse, removal for my bro.

I think you just answered your own question

Edited June 28, 2010 by trailmix

[Brother Hesekiel 2,236]

He got his Green Card through material misrepresentation. Now, in order to become a US citizen, he again would have to commit the same crime. All it takes is one letter from one person in the know at any time in the future and he would be in handcuffs, stripped of his US citizenship, and deported to the Philippines with a lifelong ban attached. It's like O.J. Simpson wondering if he would get away with killing two more people. I don't think this is a difficult decision at all.

[-mitch- 3]

Hi, I'm a new member! I hope somebody can help me.

My question is about my LPR brother who wants to bring his two 19-year-old daughters (they're twins) to the US.

Here is his background: He was already over 21 when our father got his green card. Our father (at the time-1984-an LPR) petitioned my brother as unmarried/over 21, but by the time my brother had his consular interview, he had gotten married. As commonly happens, he did not reveal his true marital status to the CO. He received his visa and has been in the US since 1994, with a good job and being a contributing resident, going back for short visits to his family in the Philippines every couple of years. Meanwhile, our father became USC in 1989.

My brother is contemplating filing for Naturalization so he can bring his daughters quicker to the US. Based on my research, USCIS will deport him after they review his immigration history, which will surely reveal his fraudulent LPR. It seems his other option is filing I-130, but I'm afraid Line 14a will trip him up there, too.

Do you think he should petition his daughters?

Or should he just be content and be grateful with the status quo?

Probably an obvious answer, but does the USCIS investigate the validity of the petitioner in I-130? I'm reading in this book, "US Immigration Made Easy" (2007 edition) from Nolo Press, that "when green card holders act as petitioners, USCIS will not check its own records to establish the existence of the green card" (p.152). Seems too good to be true.

Our father thinks if by miracle his I-130 application gets approved, that the CO in Manila will deny the visas.

My brother is leaning towards Naturalization and thinks that based on his clean record and our father's citizenship, USCIS will sympathize and not deport him.

Anyone in similar experience? What did you do?

Thanks.

i know someone who is in the same shoe as your bro is in.. he's been here since 1989 and went home just once in 1995 which is painfully 15yrs ago. his youngest son who he has never seen before is almost done with highschool. he tried hiring 4 different lawyers and all are just ******* kissers and all they processed was his checks to be cashed out and are all nowhere to be found after.

when applying for naturalization, they will disect every record that you have. but for the sake of my benefit of the doubt, im just not sure if they will go through your marital status in your native land.

when your brother will try to petition his daughters, even just to the girl's birthcertificate, it'll show that the parents where married when the baby was born... that alone will cause a spark to the eye of the review officer at USCIS. kong ako sa iya, dili nalang siguro... perting daghana ang consequences that he has to go thru when being caught... worse comes to worst, ma question pa inyong father about the continuation of the petition for this single beneficiary while the petitioner knows that he would no longer be valid because of marraige.

do you have TFC? have you tried watching citizen pinoy? hehehehhe.. i dont want to elaborate more on this but im sure kaila ka sa host ana nga show... basi makatabang na sa imo. hehehhehe