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Which Alien # can be used for Notice to Appear by USCIS?

New York, NY |

Would you be able to tell me the answer to the following scenario?

"An immigrant is noted as a fraudster by the uscis when it comes to marrying a US citizen during the conditional green card status of hers (divorced). She then marries soon after the divorce from the first American husband while she was already marked in the system as a fraudster (she did not know that she was marked that). The immigrant decides that getting petitioned through that second marriage is the better route for her, so when the uscis issues the NTA because she's been found to be a fraudster, will the uscis stick with her first Alien # or the second one? I know that if the uscis finds fraud, you can not get another green card through marriage, so would it make sense that the NTA would not change for that person?

I am constantly checking for the wife's NTA by calling the 1-800 number and although it might be early for her to get it, I wondered about this and I think that if the uscis does not adjudicate other petitions for the same fraudster, then she would not be getting a brand new Alien number which would replace the old one since her NTA would be based on the first marriage fraud, not a new marriage. Is this assessment correct in your opinions?

Attorney Answers 3

  1. Best answer

    She may be assigned multiple alien numbers if she does not disclose prior petitions/applications. However, usually once the alien is fingerprinted any files with different alien numbers are consolidated. This means the physical files are linked to one another, but the alien number will not necessarily be changed to reflect the initial alien number she received.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

  2. Eventually, based on fingerprints ... the A files will be consolidated.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. Somewhat surprisingly, A #'s are not unique and specific to only 1 individual, unlike Social Security Numbers. Eventually, USCIS will select one of the A #'s and apply it to an individual's current case processing.

    The person who posted this question, as well as anyone else who reads this response, should understand that the response is not, and should not be understood as, legal advice. Rather, it is legal information, based on the abbreviated facts presented. Immigration law is very complex, unfortunately, and immigration status adjudications are highly fact-dependent. The reader should retain an experienced immigration lawyer to analyze the facts specific to his/her particular situation to obtain “legal advice”; which this is not. Any answers offered on Avvo are of a general nature and informational only, and are not meant to create an attorney-client relationship.

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