Help with specially case

[richard2017]

Hello everyone.
This case is my nephew situation.
- My nephew is an international student. He got married with another girl for a true love (Just say "Girl A"). They had Married License as well. And then he got permanent resident.
- They loved together only about 3 years then they separate due to economic.
- Since they were separated for 6 months, he dating with another Girl (Say Girl B). And the Girl A knew that.
- On 8/2015 my nephew had a interview for 10 years Green Card. And the Girl A went together with him to USCIS to interview.
- But on 5/2015 "my nephew and Girl B" opened a dinner, with all my family's members, and he bought a cake with "His name _ Girl B engaged" (in Thailand language- not English) - The girl A was there and still accept with that, and she still wants to help my nephew to get U.S citizen.
- On 4/2017 (4 months ago) my Nephew got U.S citizen, he got U.S passport too. And now he want to do a divorce with His Old Wife (Girl A)
- But at this point, the Girl A filed to USCIS that "before the interview for 10 years G.C, my nephew was engaged with another Girl", and send the picture of the cake that I mentioned above. Girl A's lawyer said that my nephew was fault in "married Laws"

---> Now my nephew was so worried. Will he lost his citizenship? And what does he need to do now?
He already filed a Divorce documents, and waiting Girl A to sign.
Please help him out this situation.
Any input will appreciated.
Thank you all.
Best Regard!

[inadmissible]

If he committed fraud at his Removal of Conditions interview - it is not clear that he did - USCIS can move to rescind his permanent residency. It is an uphill battle for USCIS, they have to prove the fraud beyond a reasonable doubt in federal court. Once permanent residency is voided ab initio, USCIS can then move to revoke his naturalization. However, rescission can only be employed by the United States within 5 years of a grant of permanent residency. Sounds to me like that time is up.

[richard2017]

If he committed fraud at his Removal of Conditions interview - it is not clear that he did - USCIS can move to rescind his permanent residency. It is an uphill battle for USCIS, they have to prove the fraud beyond a reasonable doubt in federal court. Once permanent residency is voided ab initio, USCIS can then move to revoke his naturalization. However, rescission can only be employed by the United States within 5 years of a grant of permanent residency. Sounds to me like that time is up.

---> Could you please state clearly your mean for me, I don't understand at some point: "USCIS can move to rescind his permanent residency" , my nephew got US citizenship now. Done case of N-400 for 5 months ago.
"Sounds to me like that time is up" ---> what does it mean? your mean is "the lawyer from Girl A just want to take the money from Her", is it correct?

Thanks buddy

[inadmissible]

If his permanent residency is rescinded, it would be as if he never became a permanent resident in the first place. That is, he was not a lawful permanent resident when he applied for naturalization. That is sufficient grounds for the revocation of his naturalization

USCIS can only rescind permanent residency within 5 years of it being granted. "that time is up" I was referring to the fact that he was granted permanent residency more than 5 years ago, so USCIS can no longer rescind his grant of permanent residency

[newacct]

If his permanent residency is rescinded, it would be as if he never became a permanent resident in the first place. That is, he was not a lawful permanent resident when he applied for naturalization. That is sufficient grounds for the revocation of his naturalization

USCIS can only rescind permanent residency within 5 years of it being granted. "that time is up" I was referring to the fact that he was granted permanent residency more than 5 years ago, so USCIS can no longer rescind his grant of permanent residency

"Rescission" is no longer possible after 5 years, but (except in the 3rd circuit) USCIS can still put him in "removal" after 5 years if he got the green card through fraud, and if he is ordered removed it achieves the same result of revoking his permanent residency.

Furthermore, naturalization can also be revoked for fraud, and fraud in any immigration process could lead to fraud in naturalization because on the N-400 there is a question asking if you have ever given an immigration officer fraudulent or misleading information, and if you did and you said no, you lied on the naturalization application.

In my opinion the ROC was arguably legal because USCIS memos have stated that a joint ROC can be approved even if the couple is separated or in the middle of divorce (but not final yet, so they are still legally married), as long as both spouses show up to the interview if there is one, and the officer is convinced that the marriage was entered into genuinely.

However, if he naturalized under the 3-year rule, that may be a problem because the 3-year rule requires that the couple be "living in marital union" for the last 3 years, and if they are separated then they are not "living in marital union".

[inadmissible]

I agree that removal is a possibility for a long standing permanent resident, but I'm not clear that a naturalized citizen can be placed into removal proceedings

From the timeline given, he applied for naturalization after 5 years. In the best case scenario, he did not commit fraud during removal of conditions, therefore he did not commit fraud during naturalization. The anger of the spurned spouse suggests that the marriage was indeed entered into in good faith

[richard2017]

Case Solved!

I agree that removal is a possibility for a long standing permanent resident, but I'm not clear that a naturalized citizen can be placed into removal proceedings

From the timeline given, he applied for naturalization after 5 years. In the best case scenario, he did not commit fraud during removal of conditions, therefore he did not commit fraud during naturalization. The anger of the spurned spouse suggests that the marriage was indeed entered into in good faith

Thank you for your input.
The case is good from last year. sorry i forgot to update with you guys.
Everything was good. The lawyer told us "When you granted a USC, it is difficultly remove it IF, especially in some case like you murder or did some job against the U.S country (ISIS for example).
Be strong and best wishes to all you lovely guys ^^