I was petitioned by my parent as "single", but I was actually married. After getting my greencard, I returned to the Philippines, and married my spouse a second time.
I was also convicted of some crimes in the U.S., but, in my mind, those convictions are really no big deal. Besides, they were all expunged, so they should now be "erased" from my record.
I want to file for naturalization, and become a U.S. citizen, so I can petition my family. I have several friends who were able to become U.S. citizens, who had similar situations as mine. Do you think I will encounter any problems if I apply for naturalization? Very truly yours,
A.M.
Dear A.M.:
Anytime a person applies for naturalization, his entire immigration file is thoroughly reviewed by BCIS (formerly INS). In addition, BCIS conducts a full criminal background check on a person, with fingerprinting, etc., which are sent to the FBI crime lab. Just because a person was able to "get away with" any misdeeds in the past, it does not mean that he would be able to fool the government a second time.
In your case, you immigrated to the U.S. through fraud or misrepresentation. This is because you were petitioned as "single", but at that time you were already married. Therefore, legally, you are not entitled to your own greencard. When a person applies for citizenship, the BCIS will review the person’s file to see how the person obtained his greencard. When BCIS discovers your fraud (which could even involve an overseas investigation in the Philippines), you could be placed in removal/deportation proceedings, and risk losing your own greencard.
Even if a person were able to obtain U.S. citizenship and later petition his family, the Embassy will "double-check" the person’s marital history. If the Embassy finds out about your first marriage, and that you immigrated through fraud, the Embassy will not issue visas to your family. Instead, the Embassy will report their findings to the BCIS, and your spouse could possibly be banned for life to enter the U.S. or obtain a U.S. visa, for also committing fraud.
Finally, criminal convictions could have very serious consequences, and filing for naturalization could bring those convictions to the BCIS’ attention. Convictions could also be reasons to deny a person’s application for naturalization and/or have you be placed in removal proceedings (depending upon the nature of the conviction, i.e. if it was a "crime of moral turpitude", aggravated felony, etc.).
Just because a person "wants" to become a U.S. citizen, it does not mean that it is "safe" or wise to file, as you may find yourself in deeper trouble. If there are questions or problems about your eligibility in filing for citizenship (in order to bring your family to the U.S.), I would strongly advise you seek the advice of a reputable attorney, who can analyze your situation and determine if there are other, legitimate ways by which your family could legally immigrate or apply for U.S. visas.
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