I was denied citizenship because my ex-wife divorced me 36 days before my green card was approved. Can my wife file for me?

Asked about 4 years ago - Lawrenceville, GA

I've had my permanent green card since June 2004- 6 years. Last month I interviewed for citizenship and was denied because my ex-wife who sponsered me divorced me 36 days before our interview took place, I was unaware of this. The letter I received from the immigration office states that my green card was given to me in error because we were legally divorced, therefore my citizenship application has been denied. They did not charge me with fraud, which my lawyer was worried about. However, what is going to happen to my green card? Will they take it away from me? Will I be able to renew it in 2014? Should I have my wife file petition for me for a new green card in case they try to take it away or in case I can't renew it? Thank you

Attorney answers (3)

  1. David Nabow Soloway

    Contributor Level 17

    Answered . If a person receives a Notice from the USCIS stating that a "Green Card" had been issued in error, then from here forward it will be deemed invalid and of no use for employment, travel, evidence of lawful presence, etc. Even in the absence of fraud, issues must be addressed regarding continued unlawful presence. If that person already has remarried another U.S. Citizen, then it may indeed be critically important to file a new adjustment of status application before removal/deportation proceedings are commenced.

    The issues here are unusually complex. There is no substitute for promptly seeking careful review and advice from your immigration lawyer.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Poorak, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

  2. Naima M Said

    Contributor Level 14

    Answered . There is still the issue of how you managed to get a green card through your wife who divorced you before your interview. Were you consular processed in your country and your wife never informed you of the divorce proceedings? Or were you processed in the US and were aware of the divorce proceedings at the time of the immigration interview. If the former - processed in your country and did not know about your divorce - then you should be ok if you are put in removal proceedings and apply for a 212(k) waiver in that you were not aware of the grounds of your inadmissibillity at the time you entered the country. However, if you were a party to any fraud, you dont have any defense.

  3. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . If you have a local immigration lawyer you should be discussing these issues with him or her - because he will be much more familiar with the details of your case than anyone here after reading just a few sentences.

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