Brandon, FL asked in Immigration Law for Florida

Q: Citizenship

im planning to apply for my n400 but my situation is kinda complicated ..i obtained my LPR thru waiver i was emotionally abused by my ex husband been permanent resident for (5yrs.) we divorced (oct2015) grounds for my adultery i didn’t fight him anymore bcoz i just want to be divorced and get out on that marriage that time so i admitted it. and now i read that the adultery will be a problem when i apply my n400 bcoz of good moral character! im currently remarried with another us citizen for 3yrs. now ,i heard that the statutory period for GMC is 5yrs. except if u apply under 3yrs. of marriage with the USC i want to know if im able to apply with my current spouse under 3yrs. of marriage even i didn’t obtained my LPR with our marriage and if my adultery will be a problem if ever? Thanks in advance!

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2 Lawyer Answers

Kevin D. Slattery Esq.

  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: You should schedule a consultation with a competent immigration attorney who can evaluate in privacy all aspects of your case. In addition to making sure that you satisfy all requirements for naturalization, one would want to make sure that any "admissions" in your divorce case do not contradict claims made by you in your prior waiver case. At naturalization interviews, USCIS officers sometimes go back to review whether prior USCIS decisions were correctly made. In other words, they look to see if an applicant previously committed fraud and "got away with it." This is not to say that any particular individual committed fraud previously, but one needs to be ready to explain himself/herself. Again, a consultation with an experienced attorney is highly recommended.

Stephen Arnold Black

  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Its best if counsel prepares the application and guides you through the process. You have really only 1 shot at this so make it count. Good luck.

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