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Opinion

Greencard review

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

Late this week, I received a call from a client whom I worked with in his application for a greencard about four years ago. His adjustment of status was approved based on his marriage to a US citizen.

What made the client frantic was that he received a notice from USCIS that it is reviewing his permanent residency status. I asked him if USCIS specified the reason for the review and he said he was told that another letter will soon follow explaining the reasons for the review.

Our office helped this client only with his greencard application. He did not seek our assistance in lifting the conditions of his conditional residency which was only good for two years. So I asked him if he was still married to his wife who petitioned him, he said that they were already divorced six months after he obtained his greencard. He alone filed his petition to remove conditions of permanent residency without his ex-wife joining him.

That is when I told him that that maybe the reason why it triggered the USCIS review. As what I emphasized here before, every time you apply for an immigration benefit, USCIS opens up your whole immigration history and it has the opportunity to review your past applications or petitions. In this client's case, his petition to remove the conditions of his residency without including his wife as well as the marriage being severed only six months from the approval of his greencard application invited scrutiny by USCIS. The short-lived marriage may have raised doubts whether it was entered in good faith and not merely for obtaining a greencard.

As long as you are still a greencard holder and to some extent, even a naturalized citizen, there is really no sense of security with respect to your immigration status. Your greencard can be revoked based on so many grounds including obtaining one through a fraudulent marriage,

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Let me take some precious space to congratulate this newspaper on its 100th anniversary. It is such a rare feat for an institution to survive, maintain its relevance, and stay committed to its values the way The FREEMAN does after all these years. Onward to another 100 years of being fair and fearless.

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