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Can marrying my fiance w/ immigration issues affect my parent's greencard? Permanent Residency

Discussion in 'Green Card, Residency, Naturalization' started by as90024, Jan 13, 2010.

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  1. as90024

    as90024 Law Topic Starter New Member

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    I have been a naturalized citizen for more than 10 years. One of my parents only has a green card, for more than 15+ years.

    I want to marry my fiance who has some immigration issues. She's concerned that INS may think it's a fake marriage and get on our case.

    I don't care because I really love her and want to marry her. Only thing is that we will not do a wedding until we save up enough money, but want to get married legally so she can stay in the country.

    Question 1: Can / will INS get on her case?

    Question 2: Can INS re-open my naturalization case and somehow revoke my citizenship or my parent's green card?
     
  2. Proserpina

    Proserpina Moderator

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    What kind of immigration issues are we discussing?

    (Yes, it matters :) )
     
  3. fredrikklaw

    fredrikklaw Moderator

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    Yes and No!

    The answer to your second question is NO on all counts. Immigration cannot and has (and will have) no cause to “re-open” your case and “revoke” your citizenship because you are looking to marry your fiancé. The only time a naturalized citizen would come under scrutiny of the Immigration Service is if they have cause to believe that the citizenship was obtained by irregular means or the alien lied on the citizenship application.

    Also, your marrying your fiancé has no bearing on your parents’ and will not affect their L.P.R. status.

    And to your first question: Of course they will; not just on her case, but on all aliens and any and all’s case who apply for change of status, especially via marriage to a U.S. citizen. It’s the I.N.S. and it's their job to bust chops! You have not made mention of what her “immigration issues” are, but let me give you an actual and real life worst case scenario and then you take from it what you will.

    I have a friend who was being held at El Paso’s detention center and who was in removal proceedings to be deported from the U.S. but no final order of removal had been issued as yet. Like you, he had a fiancé on the outside he was planning to marry before he was detained and he was also being fed the line that detainees in removal proceedings do not have the right to get married, which was nonsense on its face.

    It was hogwash, to be exact.

    Anyways, he married his fiancé while in detention, and a week later he was granted a $5,000 bail and released from El Paso facility to return to New York to be with his wife. Now, his case was still pending before the immigration court, but he was free to proceed from the outside and a as married man.

    fredrikklaw
     

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