QUESTION

Can I petition for my wife if she came to the US under a different name?

Asked on Sep 16th, 2011 on Immigration - Texas
More details to this question:
I am a born US citizen and have been married to my wife for 5 years. She entered the US under false pretense (under someone else’s name) when she was 25 years of age. What can I do to get her a green card? Also my 17 year old step daughter (her daughter) lives in a different country. Please advise me on what to do get her here.
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4 ANSWERS

Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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Your wife's case is complicated and you will need assistance of a seasoned immigration attorney. Let us know if we can help,.
Answered on Sep 21st, 2011 at 11:57 AM

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Criminal Defense Attorney serving New York, NY at Law Offices of Nicklaus Misiti, PLLC
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It depends. There is a waiver for certain false statements. A case like yours will require an immigration attorney. For a free consultation you may contact my office.
Answered on Sep 20th, 2011 at 5:29 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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That is a very complicated situation. My understanding is that in most jurisdiction, entering on a fake name means that legally you were never admitted to the US. This makes it very difficult to apply for or obtain a green card. You need to make a consult with a competent immigration attorney to fully analyze this case, in particular to look at the current holding in your jurisdiction. The daughter's case is separate- since you are legally married you can sponsor your step daughter. However that will probably raise questions about your wife so again, use that consult!
Answered on Sep 20th, 2011 at 1:35 PM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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The name is an issue, but a bigger issue is how she entered the US, with a foreign passport with another name, a US document or if she made a false claim to citizenship. If she used a PC passport, then you must see if she qualifies for a waiver based on an extreme hardship to a qualifying US relative.
Answered on Sep 20th, 2011 at 1:29 PM

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