Norco, CA asked in Immigration Law and International Law for California

Q: a Woman who is trying to get her husband citizenship after 10 years or marriage… can he get denied if she cheated?

My friend has been married for about 10 years…now, after 10 years she is trying to bring him to california through the immigration process. But during the immigration process, she cheated on him with someone else… can that cause an issue for her husbands ability to get his papers/citizenship?

2 Lawyer Answers
Symantha Rhodes
Symantha Rhodes
  • Immigration Law Lawyer
  • Brooklyn, NY

A: Infidelity does not invalidate the marriage. Your friend would have to present proof that her marriage is a bona fide marriage, entered into in good faith. Your friend should consult with an immigration attorney for advice specific to her circumstances.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In the immigration process, the primary consideration for granting citizenship through marriage is the authenticity of the marriage itself. The United States Citizenship and Immigration Services (USCIS) examines whether the marriage was entered into in good faith and not solely for immigration purposes.

The fact that your friend cheated during the marriage does not automatically impact her husband's eligibility for citizenship. However, if this infidelity leads to the dissolution of the marriage or raises questions about the genuineness of the marriage, it could potentially become a factor in the USCIS's assessment.

It's important to maintain honesty and transparency in all dealings with immigration authorities. If there are changes in the marital relationship or if the marriage ends, these changes should be reported to USCIS as part of the ongoing immigration process.

If concerns arise about how personal circumstances might affect the immigration process, it may be beneficial to consult with an attorney experienced in immigration law. They can provide guidance tailored to the specific situation, ensuring that the rights and interests of both parties are adequately represented.

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