QUESTION
Can I apply again if I was denied naturalization?
Asked on Mar 16th, 2012 on Immigration - Michigan
More details to this question:
I was denied naturalization in 2006 due to fraudulent marriage and lying. I appealed and was still denied. I still have my permanent residency card and have 2 US born children. It's been 6 six years that I'm living in this country since then, do you think that I can apply again?
6 ANSWERS
Assault Attorney serving Richardson, TX
2 Awards
Yes, you can apply again.
Answered on Mar 21st, 2012 at 5:12 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Yes you can absolutely apply for naturalization again but fraudulent marriage finding is serious so should be evaluated properly. Was the fraudulent marriage finding related to your current marriage or a prior marriage? If a prior marriage it is this relationship which will need to be proven to be real and just one that did not work out. Technically it is USCIS who must prove fraud but the burden is on you to show a good faith marriage.
Answered on Mar 19th, 2012 at 11:43 AM
Immigration Law Attorney serving Orlando, FL
at
Stoller & Moreno, P.A.
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I have to admit I am a little concerned with your question. Your application for naturalization was denied because the government concluded that you obtained your residency thru a sham marriage. While I understand that you appealed the denial and lost, the question still remains as to whether the marriage was the real thing or not. Just doesn't seem like a good idea to bring any attention to your case if the basis upon which you obtained your green card was thru fraud. Certainly if the government made a mistake and the marriage was the real thing, go for it and apply again. If, however, you have a green card based on a fraudulent relationship, you are only asking for attention to your case that you probably don't want to have. Consider the potential consequences before you make a decision on how best to proceed.
Answered on Mar 16th, 2012 at 9:08 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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It is important for an attorney to review the denial. You must have good moral character for the last five years. However, you will not be approved if you have a deportable offense.
Answered on Mar 16th, 2012 at 8:43 PM
2 Awards
No. it is risky given what you stated about lying and fraudulent marriage. Go sit down with an Immigration lawyer so you can decide the best line of action. Many times they even put the person in removal proceedings after denying the N-400 application. Please check to be sure you are not in procedings.
Answered on Mar 16th, 2012 at 3:37 PM
3 Awards
You should consult with an attorney because filing Naturalization may trigger removal proceedings since you have records of "fraudulent marriage" in the immigration file.
Answered on Mar 16th, 2012 at 3:33 PM