Norcross, GA asked in Criminal Law and Immigration Law for New Jersey

Q: question about 5 year "GARCIA" rule in the US 3rd circuit

hi, this question is mainly for immigration lawyers in the united states 3rd federal circuit. I want to ask about something called the 5 year "garcia" rule; which mainly states that after 5 years, the federal government cannot rescind and deport someone if they find out that the green card was acquired by fraud or misrepresentation.

I want to know exactly what this rule is, its application, and requirements (like how long you have to be a resident of the 3rd circuit to be under that umbrella); and its limitations.

For more precise information I had my green card issued 8 years ago, and I moved to new jersey (3rd circuit) about 9 months ago after living in Arkansas for 10 years. Thanks.

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1 Lawyer Answer
Agnes Jury
Agnes Jury
  • Immigration Law Lawyer
  • Traverse City, MI

A: If you are unable to find the information you are looking for online, then you may need to hire an attorney to provide you with a written legal analysis. This type of work is usually done on an hourly basis but not many attorneys would be interested in this type of work. Best wishes!

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