Son want to Petition Biological father

[belinda63 3,047]

File for Dad, USCIS finds out Mom is not legally married to the USC who brought her here. Mom loses immigration benefits and has to leave the US to never be permitted to return. You received immigration benefits based upon your mom's fraudulent status, you lose benefits and have to leave the US. Dad never gets to come to the US.

Does mom's new husband know they are not legally married? That she is still legally married to your father?

Best to just leave this situation as it is and hope no one in the Federal Government finds out your mother lied and committed bigamy.

[jaycali 415]

File for Dad, USCIS finds out Mom is not legally married to the USC who brought her here. Mom loses immigration benefits and has to leave the US to never be permitted to return. You received immigration benefits based upon your mom's fraudulent status, you lose benefits and have to leave the US. Dad never gets to come to the US.Does mom's new husband know they are not legally married? That she is still legally married to your father? Best to just leave this situation as it is and hope no one in the Federal Government finds out your mother lied and committed bigamy.

I'm not 100% sure about the bolded part - IF the mother gained LPR status through marriage, she committed the crime - the OP committed no crime. I don't know if his citizenship could be revoked..

Either way.. Guys.. Has it been established in this thread that the mother did gain LPR status through marriage?

OP: This is key to your question. Did your mother gain LPR status and subsequent citizenship through marriage? IF she did, filing for your dad will result in her being removed from the country. Separation does not count whether it's for one year or 30 years. She is still legally married to your father, and her current marriage is not legal, so her citizenship is not legal, and could be revoked. It could also potentially have severe consequences for you, though I don't know that for sure. I'd speak to a lawyer about that.

She is then currently in a situation where the USCIS aren't "looking for her." Her file is in some storage box somewhere, never to be seen again unless the USCIS is given a reason to open her box. They won't look unless forced to look. Petitioning for your biological father would force them to look.

On the other hand..

If she did not gain LPR status and citizenship based on the marriage, bigamy is still a crime, but would not subject her to having her citizenship revoked.

Edited January 21, 2013 by Jay Jay

[JimVaPhuong 4,863]

If she did not gain LPR status and citizenship based on the marriage, bigamy is still a crime, but would not subject her to having her citizenship revoked.

Two problems. First, one of the requirements to become a naturalized citizen are that you are a person of good moral character. A bigamist would not be. Second, the N-400 requires that you list every prior spouse, whether or not they were a US citizen, and when and how the marriage was terminated. There's no way she could have filled out part 8 of the N-400 without lying about her marital history.

Whether she got her immigration status through marriage or not, her citizenship is definitely at stake here.

Edited January 21, 2013 by JimVaPhuong

[Jeikun 65]

Two problems. First, one of the requirements to become a naturalized citizen are that you are a person of good moral character. A bigamist would not be. Second, the N-400 requires that you list every prior spouse, whether or not they were a US citizen, and when and how the marriage was terminated. There's no way she could have filled out part 8 of the N-400 without lying about her marital history.

Whether she got her immigration status through marriage or not, her citizenship is definitely at stake here.

I wouldn't be buying a 1 way ticket home though. Revoking citizenship, once granted, isn't very common at all. If the status wasn't gained based on marriage, then a misrepresentation of marital status on the N-400 many years ago probably isn't going to motivate anyone to spend the many thousands of dollars and dozens of man-hours it would take to revoke citizenship and deport.

[Darnell 8,479]

you have citizenship because you were a permanent resident before.

you have permanent residency status because of a visa.

if the visa that you obtained was due to marriage of your mother to the USCitizen,

then

filing for your father in the PI will expose the fact that your mother was not legally free to marry her USCitizen spouse,

and

your entire petition for your father MIGHT be undergoing some extra scrutiny.

Actions have consequences - can tell us more about your journey into the USA, complete with initial visa type used to get into the USA? Thanks!

[Darnell 8,479]

Don? Hullo ?