Can I reapply for an immigration petition after two years of being unmarried? 13 Answers as of November 30, 2011

I was denied naturalization to a USC because I had a child outside the marriage and not enough evidence living together. Can I reapply after two years unmarried?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you are no longer married, there is no longer a basis for an immigrant visa petition or application to adjust status since there is no qualified petitioner.
Answer Applies to: California
Replied: 11/30/2011
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
It seems you were denied for lacking good moral character due to an affair. If it has been over five years since the incident, you can reapply for naturalization. It is recommended that you show your denial letter to an attorney to make sure that all the issues are addressed.
Answer Applies to: California
Replied: 11/14/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes if it has been four years and nine months since you were first granted permanent residency and you meet the continuous residence, physical presence, residency, and good moral character requirements. Hopefully there was not a finding of fraud when your first naturalization case was denied as that will have to be overcome as well.
Answer Applies to: California
Replied: 11/10/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
If you did not qualify for naturalization under the three year rule for spouses of U.S. citizens because you could not prove that the marriage was bona fide or that you were still living in marital union at the time of citizenship, you may be able to file after two years. However, an immigration attorney would need to review the basis of the denial to make sure of that. For example, if the denial found that you had entered into a fraudulent marriage or made any finding that you lack good moral character, then you may be barred for additional time. You have to demonstrate 5 years of good moral character prior to applying for citizenship. If you now have a formal finding by USCIS of marriage fraud or other evidence indicative of bad moral character, you may be barred from citizenship for a minimum of 5 years. Additionally, if USCIS thinks that you entered into the previous marriage for fraudulent reasons, they could also place you into removal proceedings. For these reasons, you definitely need to consult with an immigration attorney.
Answer Applies to: Colorado
Replied: 11/9/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You can reapply for naturalization if you have been a lawful permanent resident for five (5) years. It is important to keep in mind that USCIS will know why the last application was denied and may look into the basis for your green card. You should strongly consider retaining an attorney to represent you in this matter.
Answer Applies to: New York
Replied: 11/9/2011
    Immigration Attorneys, LLP | Robert R. Gard
    If you tried to file your N-400 based on marriage to a U.S. citizen only three years after acquiring Permanent Residency, then it may be appropriate to wait an additional two years and try again. If the USCIS denied your N-400 and made allegations of marriage fraud then you have a much more serious situation and should not proceed to file a new N-400 until you have had all facts, circumstances and documentation reviewed by competent counsel.
    Answer Applies to: Illinois
    Replied: 11/8/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    I believe you are not talking about naturalization. Possibly you are trying to get permanent residence and it makes a great difference.
    Answer Applies to: Texas
    Replied: 11/8/2011
    King & Ballow
    King & Ballow | Bruce E. Buchanan
    If you have a new USC spouse, you may reapply. If you are unmarried since you divorced your spouse, you don't have a sponsor so you cannot reapply.
    Answer Applies to: Tennessee
    Replied: 11/8/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    You may have to wait 5 years if found to be lacking of good moral character.
    Answer Applies to: Nevada
    Replied: 11/8/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    It sounds like DHS is doubtful that your marriage was or is real. Regardless of when you reapply, you should expect them to ask for proof of the validity of your marriage. You really need to make an appointment with a competent immigration attorney in your area to go over your entire case.
    Answer Applies to: California
    Replied: 11/8/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    Your question is not quire clear. If you are a permanent resident for 5 years and you meet the physical presence requirements, you can file for citizenship.
    Answer Applies to: Texas
    Replied: 11/8/2011
    The Vega Law Firm
    The Vega Law Firm | Linda Vega
    Applying for Naturalization requires that you be a Legal Permanent Resident for 5 years and not have a crime rendering you ineliigible to be a U.S. Citizen because of lack of Moral Credibility. It has nothing to do with being married.You may be confusing it with somethings else.
    Answer Applies to: Texas
    Replied: 11/8/2011
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Yes. You can apply on your own after having a green card for 5 years.
    Answer Applies to: California
    Replied: 11/8/2011
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