Can she be deported

[ace9 0]

A Filipina marries an American, she stays married to him for about 5 years when 3 are only required for her possible U S citizenship. However about 4 1/2 half years into her marriage, she becomes pregnant by another man in the U S. She moves out into separate dwelling and has a baby. Her Husband kind of forgives here and still helps her apply for U S citizenship. She is denied and not only denied is told she is under investigation and ICE is waiting for more information from wherever? It seems ICE is suspecting marriage fraud not just because of her affair but other information that was sent to them. It seems that some of her answers and her husbands answers that were originally asked to them in their original interview in the country she migrated from {on her Marriage Visa} did not match.

Is she still home free as not being able to be deported because she has baby from the affair of another man?

[dindo and patty 20]

Committing adultery and having a baby as a result will have no bearing on ICE's investigation. If ICE has concrete evidence that

her 1st marriage was based on fraud, I don't think there is anything she can do when she is ordered deported by an immigration

judge. I hope they have consulted/hired a reputable immigration attorney. Just my two cents!

[P.A.T 1]

A Filipina marries an American, she stays married to him for about 5 years when 3 are only required for her possible U S citizenship. However about 4 1/2 half years into her marriage, she becomes pregnant by another man in the U S. She moves out into separate dwelling and has a baby. Her Husband kind of forgives here and still helps her apply for U S citizenship. She is denied and not only denied is told she is under investigation and ICE is waiting for more information from wherever? It seems ICE is suspecting marriage fraud not just because of her affair but other information that was sent to them. It seems that some of her answers and her husbands answers that were originally asked to them in their original interview in the country she migrated from {on her Marriage Visa} did not match.

Is she still home free as not being able to be deported because she has baby from the affair of another man?

I'm pretty sure she'll get deported regardless of who the father of the child is, if ICE determines that she committed immigration fraud.

[Anh map 2,098]

The baby will not prevent action from being taken. That myth is just that, a myth.

[Channah&Aaron 51]

; yes, she can be deported IF ICE have evidence that marriage is based on Fraud.

ICE will do what ICE has to do.

Action = reaction (-from ICE )

Edited August 11, 2011 by Channah&Aaron

[joyjohn 18]

OPPS!!!! i smell a TNT......mercey.... iam afriad she may be into trouble...

[Brother Hesekiel 2,236]

If USCIS establishes material misrepresentation at any point of their immigration journey, they can totally pull the plug at any time up to 2 years after the naturalization.

[ace9 0]

A Filipina marries an American, she stays married to him for about 5 years when 3 are only required for her possible U S citizenship. However about 4 1/2 half years into her marriage, she becomes pregnant by another man in the U S. She moves out into separate dwelling and has a baby. Her Husband kind of forgives here and still helps her apply for U S citizenship. She is denied and not only denied is told she is under investigation and ICE is waiting for more information from wherever? It seems ICE is suspecting marriage fraud not just because of her affair but other information that was sent to them. It seems that some of her answers and her husbands answers that were originally asked to them in their original interview in the country she migrated from {on her Marriage Visa} did not match.

Is she still home free as not being able to be deported because she has baby from the affair of another man?

I forgot to mention, she has been in the U S over 2 years while married and the conditional residency has been removed, so does that mean even if ICE feels there was marriage fraud on her original application she can not be removed?

She has been here 5 years

[JohnandWendyB 21]

FYI in the work my agency has done with immigrant women with children... you can be deported without your children.

[Brit Abroad 166]

The length of time she's been in the US and having a US citizen baby do not exempt her from being deported if she was found to have committed fraud for immigration benefits.

[ceadsearc 516]

She's not "home free." She won't be home free until ICE - and ONLY ICE - determines she did not commit immigration fraud. Until that happens (or doesn't), anything else that occurs is irrelevant to the process.

[VanessaTony 3,567]

I forgot to mention, she has been in the U S over 2 years while married and the conditional residency has been removed, so does that mean even if ICE feels there was marriage fraud on her original application she can not be removed?

She has been here 5 years

The child is irrelevant. Doesn't matter who the father is. She can be deported, and be deported without the child. The child is a USC, the mother is not and so the US will deport the mother, but not deport the child. She will need a custody agreement allowing her to take the child out of the US (if she's deported). It's not like the Philippines where if she's not married the kid is hers (and the father has no rights). Here in the US the father has rights. If she's deported, it's likely he'll get the kid unless she can prove he's a bad father or that being apart from her is bad for the kid. Also bear in mind that if ordered deported she will be put in detention (usually) until she is deported. The child will not. If she doesn't get a court order granting FULL custody to her before deportation (which would be hard from immigration jail) then she won't be able to take the child with her and it's unlikely that once she's gone (and unable to come back for at least 10 years... if at all) that a judge will grant her custody.

If ICE has proof of her fraud then yes she can be deported. She is only "safe" if she's become a USC, and has been a USC for at least 2 years. Your post admits she is not a USC and has therefore has no relief from deportation.

She will not be able to get USC while she is under investigation so don't think that's an option either.

Sorry. Doesn't look good for your friend.

[pushbrk 12,883]

I would just add that the affair and child by another man after 4 plus years of marriage, is not itself an indicator of fraud. The OP mentioned other things sent to USCIS in addition but not what was sent. If she's being investigated it will be because the "other things" were deemed credible enough to warrant the investigation.

[Jojo92122 1,924]

The child is irrelevant. Doesn't matter who the father is. She can be deported, and be deported without the child. The child is a USC, the mother is not and so the US will deport the mother, but not deport the child. She will need a custody agreement allowing her to take the child out of the US (if she's deported). It's not like the Philippines where if she's not married the kid is hers (and the father has no rights). Here in the US the father has rights. If she's deported, it's likely he'll get the kid unless she can prove he's a bad father or that being apart from her is bad for the kid. Also bear in mind that if ordered deported she will be put in detention (usually) until she is deported. The child will not. If she doesn't get a court order granting FULL custody to her before deportation (which would be hard from immigration jail) then she won't be able to take the child with her and it's unlikely that once she's gone (and unable to come back for at least 10 years... if at all) that a judge will grant her custody.

If ICE has proof of her fraud then yes she can be deported. She is only "safe" if she's become a USC, and has been a USC for at least 2 years. Your post admits she is not a USC and has therefore has no relief from deportation.

She will not be able to get USC while she is under investigation so don't think that's an option either.

Sorry. Doesn't look good for your friend.

US citizenship can be revoked for a naturalized person at any time for immigration fraud. Look up all the old Nazis who lied to enter the US after World War II. Even in their 80s and 90s, they were stripped of their US citizenship and deported.

[Brother Hesekiel 2,236]

US citizenship can be revoked for a naturalized person at any time for immigration fraud. Look up all the old Nazis who lied to enter the US after World War II. Even in their 80s and 90s, they were stripped of their US citizenship and deported.

JoJo,

there is no need to go there here and now. It is in no way related to the I.O.'s case, as she wasn't a prison guard during the NAZI regime in the 1930s and deliberately answered NO in regard to this question on the N-400. Totally different thing.

I've read extensively about this, because I find it fascinating, but having a court declaring the naturalization void differs from an I.O. revoking it based on executive powers which indeed end two years after the naturalization happens.

Yes, if a naturalized U.S. citizen was working under the NAZI regime or helped overthrow a government or joins Al-Qaeda and commits acts of terrorism against the U.S. his or her U.S. citizenship can be revoked by a federal court until hell freezes over. But again, that is a huge deal and you can count the cases that happened on the fingers of your hands.