Can she be deported when immigration find out her case?

[Rebecca Jo 1,962]

Obviously this is not a legal advice, but the outcome of her being discovered is deportation and possibly more sanctions/penalties like if she used any government benefits (food stamps, etc.) they might sue her for them too.

Another likely sanction is banning her from 10 years to life, not to mention that being black listed means more hoops and suspicions at a possible future immigration process.

I would talk with a lawyer and would consider taking steps towards an annulment in Phils.

Please don't just randomly list every horrible immigration outcome you have ever heard of.

[john_and_marlene 162]

Please don't just randomly list every horrible immigration outcome you have ever heard of.

+1

In fact, I haven't seen anything yet in this thread that confirms any activity that would challenge her status.

So far I have only gathered 2 pieces of information that appear to be true: 1) She was married before 2) She did not get an annulment in the Philippines.

Those 2 pieces of information alone do not indicate immigration fraud or bigamy.

Several other crucial pieces of information are required before any determination of misrepresentation could be made and whether or not that misrepresentation would be material.

It is entirely possible with the information provided that no immigration violations have occurred.

I'm still waiting for answers to question in post #9

[SaraDee 9]

Please someone correct me if im wrong, but I thought that ICE had 5 years after the green card is issued to discover these things and take action. After that, the person is free and clear. I thought I saw that on a news report a while ago. Can a senior member chime in on this please?

[rin and john 71]

Extra info that plays into the drama...

http://www.visajourney.com/forums/topic/341578-separated-after-naturalization/

But as John and Marlene said, not enough info to answer the OP.

[john_and_marlene 162]

Please someone correct me if im wrong, but I thought that ICE had 5 years after the green card is issued to discover these things and take action. After that, the person is free and clear. I thought I saw that on a news report a while ago. Can a senior member chime in on this please?

Consider yourself corrected. There is no statute of limitations regarding immigration fraud. Even after a person is dead, immigration benefits of surviving relatives can be revoked if based on that person's fraudulent status.

[zzzlpr 7]

The only question not clearly answered yet is:

How did she obtain her current status? (came via a tourist visa and adjusted status after marriage, etc.)

If she is currently married in Phils, as it seems, the outcome will be likely deportation with the only possible exceptions being some form of extreme hardship or if she came here legally and did not obtain her USC through her marriage.

In the last exception, she would be just committing bigamy and that would not be a factor on her status.

Any combination that involves her marriage with the naturalized US Citizen could only have be obtained through fraud, like omitting her previous marriage in a 325 form.

[Brother Hesekiel 2,236]

For me this is a rather simple question to answer. She got married when she was not free to marry, based on her previous marriage. That's bigamy, a felony, and the reward is prison. On top of it, she would have not disclosed this on her N-400, so that's material misrepresentation. Big honking deal.

If she got her Green Card based on the marriage to her U.S. citizen husband, then everything that happened based on this, including the naturalization, would be declared void. She would be stripped of her citizenship and deported. No doubt about it.

It's very unlikely that this will ever come out to the open, however, unless somebody makes sure it does. For that reason people sometimes have nightmares and confess to crimes decades after they have committed them. There was a case of two FBI agents who bragged during a New Year's party that they had just married for Green Cards, more than a decade earlier. They were deported. There was also the case of a 96 year-old German woman who did not disclose in 1951 that she worked as a prison guard in Nazi Germany in 1937, and she too was deported in 2006, died 11 days later.

Some things never go away, and Uncle Sam has a zero tolerance policy.

Edited December 7, 2011 by Brother Hesekiel

[merkin&regine 18]

Not legally went to the court for proper annulment in the Philippines. Got married in the US with US citizen. US citizen for 15 years. Separated w/ US citizen husband but not divorced. Can she be deported when immigration find out her case? Is her marriage in the US considered illegal?

Definitely, he can be deported if somebody tells ICE or a US Embassy. Any Marriage that happened after your original and legal marriage is deemed Void and illegal. Plus a case of bigamy can be filed upon him, lets just hope that the original spouse wont file a case as we have extradition treaty between US and the Philippines. The one thing too is to seek legal advise if there's a statutory limitation on how long does the first spouse can file a case against the other spouse since you said, you guys have been married for 15 years.

Thanks and hope this helps..

[milimelo 4,554]

Not sure if this can help: http://www.immigrationfraudvictims.com/CA%20Family%20Law%20Case%20for%20Immigration%20Marriage%20Fraud.pdf

[newlyweds2010 208]

I agree with Brother Hesekiel. If she obtained her green card and later naturalized through an invalid marriage to a US Citizen, her acquired US citizenship could be revoked and she could be deported, regardless of when this happened.

[Boiler 46,086]

Either there are 2 very similar cases going on or this is very common situation.

1. Parents married in PI.

2. Produced at least 2 children.

3. Mother entered bigamous marriage with USC. Immigrated to US. Sometime later petitions children.

4. Younger daughter immigrated.

5. Older daughter over 21 and had to wait.

6. Documentation for older daughter now at Consulate in PI and CO asking for paperwork re annulment/divorce from Husband.

[ndu26 114]

... hmm, is it laundry day?

[ndu26 114]

I am trying to figure out the intent behind this post.its been 15 years since the marriage to the USC.

is the lady plagued by guilt?

is there an ongoing plan to bring the filipino spouse( from the "UNannulled" marriage) into the U.S. now...

or the USC spouse threatening revelation? (after separation)

why all this dredging up of the past taking place now?..wisdom will say "let sleeping dogs lie"....but if you relly need to reunite with the partner in the phillippines, then be ready to face the permanent consequencies ( i don't know what it will be)

good luck

[ceadsearc 516]

The concern appears to be that the daughter is trying to immigrate via her mother and is concerned that if mother obtained the benefits fraudulently daughter will be denied.

I've seen three posts about this from two different usernames and two different usernames within this thread asking questions so it's a big confusing.

[Macbook 2]

Not legally went to the court for proper annulment in the Philippines. Got married in the US with US citizen. US citizen for 15 years. Separated w/ US citizen husband but not divorced. Can she be deported when immigration find out her case? Is her marriage in the US considered illegal?

You did not provide important information regarding this situation. You said that it was not legal annulment.

First of all that person committed bigamy and is she got her citizenship thru out second marriage she is deportable! Also if in application she said that she was never married or that marriage was annulled she will loose her citizenship.

But there is always BUT. If she believed that her first marriage was annulled and after becoming USC she find out that annulment was not legal she can fight in immigration court that she was not informed that her annulment was not legal. If this is case i will recommend to contact immigration attorney and explain entire situation. (BUT EXPLAIN EVERYTHING AND DO NOT LIE!!!) If I'm in your place I would with immigration attorney contact USCIS and explain that she was NOT informed that her first marriage was not properly annulled (I WHOULD DO THIS ONLY IF SHE REALY BELIEVED THAT HER MARRIAGE WAS LEGALY ANNULLED). In this situation is better that she contacts immigration, if they find out later on what is going on they will NEVER believed that she didn't know! Schedule appointment with immigration attorney and make sure that there is client attorney confidentiality. If there is client attorney confidentiality attorney CAN NOT contact immigration without your consent!

I'm NOT attorney and I can NOT be responsible for this opinion. This is not legal advice, it is JUST my personal opinion!