I have been living lawfully in the U.S. for more than 23 years through a petition by my wife (now my ex). I received my green card, but after 10 years I tried applying for Citizenship and had some problems with my application, as my wife's old boyfriend (who at that time was jealous of me) wrote a letter to immigration claiming that our marriage was not real and was trying to get me deported, which is not true. So to make a long story short, I was denied U.S. Citizenship but allowed to keep my resident status (I know I am legal here since I've been in and out of the country several times). Now my question is: Since I have this problem and I am now married to my current wife who is a U.S. Citizen and my children who are natural-born U.S. Citizens, can I have them re-petition me for a different card? Basically giving up the 'tainted' one I currently have for another one? I want to become a U.S. Citizen in the future.
2007-11-19 11:07:02 · 5 answers · asked by John Quest 2 in Politics & Government ➔ Immigration
Do I understand that you have re-married? In that case, you can re-apply as a Green Card holder of more than five years standing. The last application was a long time ago and you are, obviously, still in the USA so the old boyfriend's claims were evidently unfounded. Just be up-front and honest about it and (assuming you haven't acquired a criminal record in the past 13 years) you should be fine.
2007-11-19 11:15:17 · answer #1 · answered by skip 6 · 1⤊ 0⤋
Yes, sometimes people reenter the U.S. with immigrant visas even though they are already permanent residents.
For example, if a person became a permanent resident through the refugee procedures, and he finds it embarrassing to have the RE-6 classification on the green card, he could reenter with a new immigrant visa and get a new green card in a different classification. I've seen it done.
However, with you, it doesn't sound like the classification on your second green card would be different from what is on the first one.
If both your first wife and your second wife are U.S. citizens, your green card is going to show IR-1 for the classification. If the first spouse was a permanent resident alien, and the current spouse is a U.S. citizen, then the classification on the card would change.
If your "children" were 21 years of age, they could petition for you, and the classification on the visa would be IR-5.
Would that make you feel better, to be an IR-5 instead of an IR-1?
2007-11-20 00:05:33 · answer #2 · answered by Fred S 7 · 0⤊ 1⤋
The only way you can be "re-petitioned" is to leave the United States and abandon your permanent resident status. Then, when you're just another foreigner, living outside the United States, your new wife can start the process over.
2007-11-19 20:39:02 · answer #3 · answered by Yak Rider 7 · 0⤊ 2⤋
Personally.....I thought citizenship was more than a poker game. Doesn't mean squat does it? People fought and died for this and now you might as well sell it on E-bay. I say why bother if it's that worthless. So far citizenship means nothing now-days except being financially responsible for people who hate your guts. Your best bet is stay illegal and whine loudly....works better than being a citizen.
2007-11-19 19:14:43 · answer #4 · answered by Anonymous · 0⤊ 2⤋
Your card is not tainted, you are. You can repetition however no matter if you get a new card or not your past will be there.
2007-11-19 19:13:02 · answer #5 · answered by davidmi711 7 · 0⤊ 2⤋