QUESTION
Can I reapply for an immigration petition after two years of being unmarried?
Asked on Nov 08th, 2011 on Immigration - California
More details to this question:
I was denied naturalization to a USC because I had a child outside the marriage and not enough evidence living together. Can I reapply after two years unmarried?
8 ANSWERS
If you are no longer married, there is no longer a basis for an immigrant visa petition or application to adjust status since there is no qualified petitioner.
Answered on Nov 30th, 2011 at 4:48 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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It seems you were denied for lacking good moral character due to an affair. If it has been over five years since the incident, you can reapply for naturalization. It is recommended that you show your denial letter to an attorney to make sure that all the issues are addressed.
Answered on Nov 14th, 2011 at 12:58 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Yes if it has been four years and nine months since you were first granted permanent residency and you meet the continuous residence, physical presence, residency, and good moral character requirements. Hopefully there was not a finding of fraud when your first naturalization case was denied as that will have to be overcome as well.
Answered on Nov 10th, 2011 at 10:06 AM
Assault Attorney serving Richardson, TX
2 Awards
I believe you are not talking about naturalization. Possibly you are trying to get permanent residence and it makes a great difference.
Answered on Nov 08th, 2011 at 10:52 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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It sounds like DHS is doubtful that your marriage was or is real. Regardless of when you reapply, you should expect them to ask for proof of the validity of your marriage. You really need to make an appointment with a competent immigration attorney in your area to go over your entire case.
Answered on Nov 08th, 2011 at 10:13 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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You may have to wait 5 years if found to be lacking of good moral character.
Answered on Nov 08th, 2011 at 10:12 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Your question is not quire clear. If you are a permanent resident for 5 years and you meet the physical presence requirements, you can file for citizenship.
Answered on Nov 08th, 2011 at 6:55 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. You can apply on your own after having a green card for 5 years.
Answered on Nov 08th, 2011 at 6:24 PM