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  1. #1
    Join Date
    Apr 2006
    Location
    IL
    Posts
    35

    Default Applying for Citizenship After Petitions for Family Members Were Deemed Fraudulent

    This is AR:

    First of all, let me thank everybody who has been giving legal advise through this forum. God bless you all.

    My friend is currently a green card holder since 01/08/2006 and he should be eligible to file his citizenship application form next month if gets legal advise to do so.

    It is long story, but I will try to make it short. Briefly, eight years ago before he got his green card, he was on asylum status. During that time he was married to his wife who was leaving abroad. He submitted 1-130 petition for his wife and "his son" with supportive evidence which he was provided from his country. Without knowing, those documents were found to be fraudulent by US embassy in the country where the wife and son appeared for an interview.

    US embassy decided to write letter stating that his documents (birth certificates) were fraudulent and asked for more evidence to prove if that was his wife/son. My friend, decided to file for divorce and withdrew from all two cases.

    Eventually, he was able to get green card, but he is afraid to apply for citizenship because he thinks that the past might pop-up again in his interview. He doesn't know if he should admit to the question asking whether he lied to the government (he was not knowing that the document he presented to INS was not genuine).

    Meanwhile, he found out four years ago that the "son" was not his and he is not ready to put him on the application as son.

    What do you advise my friend to do?

    1. Can he apply for citizenship and still pass interview without an officer questioning this past case of his wife and son?
    2. Does he have to include someone in his application as son even though it is evident that this boy is not his son?
    3. Can he confess that he lied to the government while he didn't know the document were not genuine?

    Please help.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Applying for Citizenship After Petitions for Family Members Were Deemed Fraudulen

    Due to the issues involved, he should do nothing without the assistance of an immigration attorney. He should be sure to interview several to find one experienced in similar cases.

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