Help! Complicated Naturalization issue

[voltaireramirez 0]

My dad was coming into the US with a tourist/b2 visa since 1995 (up until 2003). While in the country he's using an assumed name so he can work, used a driver license under that assumed name, even purchased a car which was later on sold, in 2002 or 2001 he was arrested for DUI in Illinois, jailed for a few hours, fingerprinted, completed hours of classes, driver license suspended for I think 6 mos or 1yr, etc. We dont really remember, dont have anymore records of the conviction.

In 2005, his sister's F4 petition that was filed in 1982 became current, processed his permanent resident at the US Embassy Consular office. He went through fingerprinting process, etc (at the Fraud Dept of the Homeland Security at the Consular office), and they didnt find his fingerprint matched with the assumed name with the DUI. He was able to be admitted into the US in the same year, in June 2005. Dad left the US for 3 times briefly, not exceeding 2 months each trip since then. Last trip he took was Feb 18, 2010 when he and mom attended grandma's funeral overseas, at POE in Minneapolis on March 5, 2010, he was stopped and interrogated after they took his fingerprint and it matched with the traffic conviction/DUI (while he was using assumed name). He was asked about the conviction with the local police, he said it was just a traffic ticket, they told him he was lying and it couldnt be a traffic ticket since he was imprisoned (which was only about 3 hours), that it was most likely a DUI and he should admit it or face deportation. My dad later on said it was DUI, then the officer told him if he commits one more DUI, he will be deported and sent back to our home country. In short, he was allowed to re-enter the US after all the questioning because he admitted, and the officer did not or may have not seen the name convicted of DUI was my dad's assumed name, otherwise, he would have been ordered removed right then.

Mom applied for citizenship 3 mos ago, her naturalization oath taking is on tuesday, we are afraid that if dad applies for naturalization he will be deported. Also, mom had been granted permanent residency only through my dad as a derivative spouse, would her naturalization be revoked later on if they would find out that the green card shouldnt have been issued because of misrepresentation in the beginning. When dad goes for biometrics for his N400 (if he will apply), I am sure FBI will see it matched with his name, and most likely court docket or records of the conviction will be required at the interview, how does this work that the conviction will show someone else's or fake name... I know an attorney will be required whereas we are going to hire one, but before I do, wanted to have an opinion before we take actions. Not all immigration lawyers tell you the truth, I just wanted to be able to make an intelligent decision how we will approach dad's case. Dad wanted to be upfront with the CIS, he really wanted to tell the CIS on his N400 that he used a different name before he became a permanent resident, but afraid that he will be deported. He had 2 surgeries on the same hip due to fracture he sustained from a vehicular accident, he couldnt really stand too long, or he will have pain, affected leg is about 2 inches shorter than the other, have a lot of medical issues also, was once hospitalized due to a life threatening medical condition, lucky enough that it was prevented at the first attack. So dad never worked since he was admitted in 2005 as a permanent resident, obviously he never paid income taxes. Too much on my plate, as I will have to help dad pay for attorney's costs, application fees, etc. His only wish is to become a United States citizen, I just want to be able to provide for him for the remaining years of his life.

Anyone to give me advice on this matter? Or anyone can answer or comment.

Thank you.

Edited September 11, 2010 by voltaireramirez

[milimelo 4,582]

I think your dad could even be facing a misrepresentation charge for not disclosing his assumed name on DS-230 when he was processing for immigrant visa. Question 35 on DS-230 also asks about all visits to the US, hope he was truthful with that. Same with question 41 - have you ever been arrested.

You really need to consult a good immigration attorney as even his green card could be at stake.

[NigeriaorBust 4,087]

I agree you will need a very good immigration specialist. You father apparently lied on his green card application which is at least a charge of misrepresentation. If he ever claimed to be a USC in his days under an assumed name he will be totally inadmissible. As for your mother as long as she has never lied on any of her dealings with the government she should be ok ( was she here with him when he was living his other life ? ) I would pay for a consultation with the likes of Marc Ellis ( ellisisland on VJ ) Laura Scot or Heather Poole ( if not more than one of the above )

[Brother Hesekiel 2,236]

You stated your dad's case very well and I understand the situation you're in, and even more I understand your dad's desire to become a US citizen, but I feel that any N-400 for him would be a sure-fire suicide mission that could even take your mom down with him.

Aside from the fact that he would have to make false statements on his N-400 application, by not disclosing his previous identity when required to do so at the earliest stage of the immigration journey, yet then admitting to it when detained by CBP, plus a DUI, plus the implications that link the assumed (?) identity to a claim of US citizenship (how else did he get a driver license?) . . . all that combined is simply too much to be dismissed. It's a land mine, plain and simple, which means it can be dormant for as long as your dad lives, and the best way from preventing it to go off is to stay away from it.

[voltaireramirez 0]

You stated your dad's case very well and I understand the situation you're in, and even more I understand your dad's desire to become a US citizen, but I feel that any N-400 for him would be a sure-fire suicide mission that could even take your mom down with him.

Aside from the fact that he would have to make false statements on his N-400 application, by not disclosing his previous identity when required to do so at the earliest stage of the immigration journey, yet then admitting to it when detained by CBP, plus a DUI, plus the implications that link the assumed (?) identity to a claim of US citizenship (how else did he get a driver license?) . . . all that combined is simply too much to be dismissed. It's a land mine, plain and simple, which means it can be dormant for as long as your dad lives, and the best way from preventing it to go off is to stay away from it.

He wont make a false statement on his N400, in fact he wanted to be up front with it, be truthful on the facts. Also, dad was not detained, he was interrogated or questioned which I think is not the same as detention, plus, dad never claimed to be a US citizen, even with his assumed identity he never claimed US citizenship. I have consulted two immigration lawyers in Chicago, and both said these wouldnt have implications on mom's green card or her US citizenship!

You stated your dad's case very well and I understand the situation you're in, and even more I understand your dad's desire to become a US citizen, but I feel that any N-400 for him would be a sure-fire suicide mission that could even take your mom down with him.

Aside from the fact that he would have to make false statements on his N-400 application, by not disclosing his previous identity when required to do so at the earliest stage of the immigration journey, yet then admitting to it when detained by CBP, plus a DUI, plus the implications that link the assumed (?) identity to a claim of US citizenship (how else did he get a driver license?) . . . all that combined is simply too much to be dismissed. It's a land mine, plain and simple, which means it can be dormant for as long as your dad lives, and the best way from preventing it to go off is to stay away from it.

He wont make a false statement on his N400, in fact he wanted to be up front with it, be truthful on the facts. Also, dad was not detained, he was interrogated or questioned which I think is not the same as detention, plus, dad never claimed to be a US citizen, even with his assumed identity he never claimed US citizenship. I have consulted two immigration lawyers in Chicago, and both said these wouldnt have implications on mom's green card or her US citizenship!

[Brother Hesekiel 2,236]

That's good news. With so much professional expertise, then, what can possibly go wrong?

So he truthfully will state on his N-400 that he had assumed a fake identity for years and used fraudulent identification including SSN and Driver License, but did not disclose this throughout his immigration history on any USCIS or any other Government form. Then, after a DUI conviction, when interrogated about it by CBP authorities he first denied but finally admitted to it because the matching fingerprints left him no choice. This also explains why the FBI files will come back with a red stamp IDENTITY THEFT on it. Yet your attorneys believe the I.O. will say: Mr. Ramirez, no problem, we are a Christian nation and due to you confessing to us all is forgiven.

I understand. Thank you for clearing this up.

[voltaireramirez 0]

That's good news. With so much professional expertise, then, what can possibly go wrong?

So he truthfully will state on his N-400 that he had assumed a fake identity for years and used fraudulent identification including SSN and Driver License, but did not disclose this throughout his immigration history on any USCIS or any other Government form. Then, after a DUI conviction, when interrogated about it by CBP authorities he first denied but finally admitted to it because the matching fingerprints left him no choice. This also explains why the FBI files will come back with a red stamp IDENTITY THEFT on it. Yet your attorneys believe the I.O. will say: Mr. Ramirez, no problem, we are a Christian nation and due to you confessing to us all is forgiven.

I understand. Thank you for clearing this up.

First off, you may want to get a grasp of the statements and fully understand them before you make unnecessary comments. I was trying to say that the attorneys I consulted mentioned that even my father's ordered to be removed (which I think remedy is still a possibility such as waiver), my mom however, eventhough she immigrated as the derivative spouse, has her green card fair and square in her own name, now that she's still LPR, moreso when she became a US citizen tomorrow. That she's insulated, generally from anything that happened with my father. I dont know much about immigration laws, but 2 attorneys tell me the same thing at least confirms something. I know for a fact that father's case wouldnt be easy, also things can go wrong such as mentioned above, but understand that you also broke the law, staying in the United States illegally in the past over the authorized period of stay when you came with b1/b2 didnt mean you didnt break no law. You must have worked in the past with unauthorized SSN or what have you. These are speculations, but all clear on your timeline that you were living in the United States for 13 yrs without proper documentation...a question of criminality or you tell me? You can only say. I am sure you were forgiven when your status was adjusted at the time when you married a USC, and yet you were asked to pay a fine of $1000 for staying in the United States illegally.

You're no BS, just NS. Give me a break!

Edited September 13, 2010 by voltaireramirez