Will my citizenship be affected if my mother committed marriage fraud? 6 Answers as of August 06, 2011

Six years ago, my mom was involved in a fraud marriage case with her previous husband. I was twelve when that happened, and I only appeared in court with her once so that I could be presented and be known as her daughter. I am now eighteen, and I was told by friends that I should apply for citizenship myself now that I'd older. Does the case, any way, have me bound to it? As in, am I involved in it, and does this mean I can't apply for citizenship or have somebody petition for me?

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You are asking a complicate question and I do not have enough facts to answer. You will have to see an immigration attorney and take all of your mother's file and yours to be reviewed. Let us know if we can help.
Answer Applies to: Nevada
Replied: 8/6/2011
All American Immigration
All American Immigration | Tom Youngjohn
I recommend you get a second opinion from experienced immigration counsel. USCIS has five years to go back and take a green card away from someone. So this makes me think you are okay in applying for naturalization. I don't believe that you ever lied to USCIS under that facts as you stated, even though you think you are involved in it in some way. I don't think you qualify as being involved. So the subject of the fraud probably does not need to come up in your naturalization process. Answer questions honestly, but don't volunteer information unless the forms or the interviewer asks you. If you find it impossible to resist, and spill your guts, then, while the case might take longer, I still don't think that they will stop you personally from naturalizing, for the first reason I mentioned. If I'm wrong about the first reason, and if I'm wrong in my analysis, you probably could still qualify for a U visa.
Answer Applies to: Washington
Replied: 8/5/2011
Fong & Associates
Fong & Associates | William D. Fong
Not enough information. What was the outcome of your mother's case? Was she found to have committed marriage fraud and had her permanent residence denied or revoked? Are you a permanent resident? Do you have a qualifying relative to petition for you?
Answer Applies to: Texas
Replied: 8/5/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If your moms green card was revoked due to marriage fraud, and you were a dependent of your moms petition then you also lost your green card. As your question is unclear I cannot give you further information.
Answer Applies to: Florida
Replied: 8/5/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You will lose your green card if you received it through your mom's previous marriage as step-daughter of her prior husband. But you may qualify for resident status again if you get married to a U.S. Citizen.
Answer Applies to: California
Replied: 8/5/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    since your green card derived from your mother's marriage, her case will affect you. You need first find out what happened to your mother's immigration status.If she received relief from the judge, then you should be covered. If she was ordered deported, most likely you were ordereddeported too. Consult with immigration lawyer for further advise and action.
    Answer Applies to: California
    Replied: 8/5/2011
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