Can I still file a petition of residency to a person that entered the US under a false name?
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Can I still file a petition of residency to a person that entered the US under a false name?
Submitted by LawQA.com on January 6, 2012 - 1:28pm
I am filling a petition of residency for my wife. She came into the United States with a visitor visa, but got it under another name. False identity was used. She was 6 years old back then so the events that occurred were not under her control. I want to know how this will affect the process or what options we have.
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Submitted by Alexander J Segal on January 6, 2012 - 3:40pm
Your wife needs to disclose this information on all forms filed with USCIS. She must disclose as much information including the false name to USCIS. If she fails to disclose this information, she could have more severe consequences. As to the problems this may cause, it will depend upon the jurisdiction you live in. USCIS interprets entry under a false name in different ways depending upon where the case is processed. In New York, an entry under a false name is still treated as a and admission, which is needed to adjust status. However, this is not an interpretation followed by all jurisdictions. In addition, your wife has to be prepared to deal with accusations of misrepresentation. This should not be too much of an issue given her age at the time, but nonetheless it should be kept in mind. It would be in you and your wife’s interest to retain experience counsel to assist you in this matter.
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