QUESTION

What action can you recommend in my case? (see below)

Asked on Jul 28th, 2014 on Immigration - District of Columbia
More details to this question:
My husband is a naturalized US citizen since 2011. I am Ukrainian national on F-1 student visa. We recently got married and planning to file for AOS with the help of immigration attorney. HOWEVER, here is the red flag.. My husband did not disclose his previous marriage on his Green Card and Naturalization application (he did it unintentionally, not realizing the serious matter of misrepresentation). His misrepresentation was NOT material because he got his greencard through his mom who won DV Lottery, and then got his citizenship based on 5-year term of greencard.Thus, his marital status was not a material when he applied for both GC and Naturalization. We understand that USCIS does take lie seriously, but my husband wants to apologize and fix his previously committed misrepresentation. If you please could give us advice in regards of how realistic is to fix our situation and what actions (except hiring immigration attorney) could be done in this case. I greatly appreciate your help!
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
To take away your husband's naturalization would require U.S.C.I.S. to prove that his misrepresentation was material. In looking at the fact situation that you present, you believe that his misrepresentation was not material because he got his green card through his mom who won the DV lottery. You also state that your husband did not disclose his previous marriage on his green card application. Kindly note that a dependent child who immigrates under a parent must be both under the age of 21 and unmarried. You have not said whether your husband was divorced at the time that he immigrated to this country. Even if he was, a question to be explored would be whether the divorce was bona fide or only done for the purpose of allowing him to emigrate with his mother to the States. These are factors that you and your husband should consider. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 18th, 2014 at 1:12 PM

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