Filipina’s naturalization denied because of fixed marriage accusation

A Filipina recently consulted with me after receiving a denial on her naturalization application, with the US Citizenship and Immigration Services (USCIS) accusing her of having obtained her green card through a fixed marriage.

This Filipina stated that years ago, she married a US citizen for love and obtained a two-year conditional green card through the American citizen’s petition. She later filed a joint petition with her American citizen husband to remove the conditions on her green card, which was also approved, and she was issued a 10-year green card. Several years later, she applied for US citizenship, but her application (N-400) was denied.

In its denial, the USCIS accused her of having obtained her original green card through a fixed marriage. USCIS claimed she never lived with her US citizen husband, and USCIS had even obtained a signed confession from him that they had never consummated their marriage. Because she obtained her green card through a fixed marriage, she was never “lawfully admitted” for permanent residence, meaning her green card was never lawfully obtained, and therefore she was not eligible for US citizenship. Under Trump and his strict immigration enforcement policies, this denial could now result in her being placed in deportation proceedings.

In this woman’s case, she swears that her marriage to the US citizen was for love, and there apparently was some miscommunication or misunderstandings. In order for her to prevail, it would now be necessary for her to prove up that her marriage was not fixed, as though she was being petitioned for the first time, rather than pursuing citizenship.

This woman’s case should serve as a warning for anyone applying for naturalization or for any other immigration benefit. USCIS will dig deep into your old files to see how you got your green card and re-evaluate the case all over again, looking for possible fraud or mistakes in approving your original case. Even if you think you have an approvable case, there can be miscommunications or misunderstandings, just as in this woman’s case, where she was in a love marriage but is now being accused of a fixed marriage because her case was not properly explained or presented to USCIS.

If you have immigration issues or are considering filing for any immigration benefit, I would strongly suggest that you first consult with an attorney who can evaluate your case and properly package it. Remember, just like with nurses and medicine, preventative medicine is a lot cheaper and easier than trying to cure a serious ailment. Having an attorney help you from the outset could greatly increase your chances and avoid a serious denial.

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