Law Offices of Stuart J. Reich, PLLC

Practice Limited to Immigration & Nationality Law

11 Broadway, Suite 615
New York, NY 10004

(212) 430-6582 phone
(212) 430-6583 facsimile

Can the Green Card be Taken Away if the Foreign National Married Fraudulently?

Q: If it turns out that the foreign national only married the U.S. citizen to get permanent residence, even though the U.S. citizen spouse married in good faith, can permanent residence be rescinded?

A: Yes.

It may not be a common occurrence. USCIS does not make much of an effort to seek out fraud post-approval (it’s far more common for this to come to USCIS’ attention as part of the naturalization process), and proving fraud on the part of only one spouse after the fact tends to be difficult.

However, any fraud used in obtaining permanent residence can result in USCIS taking action to rescind permanent residence - which is why it is critically important to be truthful in all aspects of the application. USCIS may find out about any misrepresentation at any time, and legal action to rescind permanent residence is therefore always a possibility.

Contact us here to arrange a consultation, to inquire about retaining us to handle your immigration matter, or simply to suggest topics you would like to see covered on our site.

The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.