Green Card Fraud and Misrepresentation: Impact on Naturalization

Becoming a Lawful Permanent Resident (LPR) is a key step toward U.S. citizenship for many immigrants. However, if you obtained LPR status through fraud or misrepresentation, USCIS may deny your naturalization application, with serious consequences. This blog explains the types of fraud and misrepresentation that affect naturalization eligibility and what you need to know to safeguard your status.

Fraud and Willful Misrepresentation in Obtaining Green Card Status

A person cannot lawfully gain permanent residence if they obtained LPR status through fraud or misrepresentation of material facts. If a person uses deception to obtain their green card, they are not eligible for naturalization under INA 318. Here are some common examples of fraud or misrepresentation:

• The applicant knowingly concealed a key fact about their immigration history, like a removal order or a false A-file number
• The applicant used fake or fraudulently obtained identity documents to secure an immigration benefit before becoming an LPR
• The applicant gained LPR status through an employment-based petition with false job or qualification details. Even if the employer filed it, the applicant is responsible if they knew of or authorized the false information.
• The applicant falsely claimed single status to gain an immigration benefit while married.
• The applicant divorced solely to qualify for an immigration benefit, indicating abuse of the immigration process.
• The applicant misrepresented material facts in their asylum or refugee application to gain LPR status
• The applicant misrepresented facts to conceal affiliations, such as group memberships or terrorist activities, that would make them inadmissible.

Marriage Fraud for Green Card

When an applicant’s LPR status is based on a marriage, the validity of that marriage can affect their eligibility for naturalization.USCIS may review if the couple entered the marriage in good faith or solely for immigration purposes here are key factors USCIS may consider:

Marriage Entered into in Good Faith

The applicant must show that both partners entered the marriage in good faith, intending to build a life together If USCIS finds the marriage was not genuine, the applicant’s LPR status becomes unlawful, and their naturalization application will be denied. Sufficient evidence is required to prove the marriage was bona fide. If USCIS has doubts, it may issue a Notice of Intent to Deny (NOID). This allows the applicant to respond with additional evidence.

Validity of the Underlying Marriage

USCIS may rule the applicant’s marriage invalid at the time of granting LPR status. Even without fraud, issues like an undissolved prior marriage can invalidate the current marriage due to bigamy, affecting the applicant’s LPR status and naturalization eligibility

How Fraud and Misrepresentation Affect Naturalization 

Fraud or misrepresentation in obtaining LPR status means the applicant does not qualify as lawfully admitted for permanent residence. This makes them ineligible for naturalization. Fraud and misrepresentation carry lasting consequences, including denial of naturalization, potential removal proceedings, and loss of LPR status

• Naturalization Denial: Any evidence of fraud or misrepresentation in obtaining LPR status will result in the denial of a naturalization application under INA 318.
• Removal Proceedings: If USCIS determines that LPR status was obtained unlawfully, the applicant may face removal from the United States.

Protecting Your Eligibility for Naturalization

To protect your eligibility for naturalization, ensuring that all information provided during the application process is accurate and truthful is essential. Avoid any misrepresentation or fraudulent activities, and gather strong evidence to support the bona fide nature of your marriage or other claims made in the application.

If you’re concerned about your eligibility or think your status may be questioned, consult an experienced immigration attorney to navigate complex requirements and present your case accurately

Avoiding Fraud and Protecting Your Path to Naturalization

Fraud and misrepresentation in the immigration process can have severe consequences for those seeking to become U.S. citizens. Understanding the importance of truthfulness in the application process, especially regarding marriage-based petitions and employment qualifications, is crucial for protecting your path to naturalization. If you have any doubts about your eligibility, seek legal guidance to help safeguard your future in the United States.