Asked in Immigration Law for California

Q: Is it OK to provide the bigamous marriage certificate during the CRBA application or apply for a first us passport

Is it OK to provide the bigamous marriage certificate during the CRBA application or apply for a first us passport as an adult??

My father was married to two wives at the same time and I was born abroad to a bigamous wife the first wife is American and the second marriage occurred 25 years ago before his naturalization.

Is the bigamous marriage considered void and no need to provide it or need to be disclosed anyway?

Knoingly that the bigamouse marriage is considered legal in the country i live in

my biggest concern is the potential de-naturalization of my father

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1 Lawyer Answer
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: I understand your concerns about providing a bigamous marriage certificate when applying for a Consular Report of Birth Abroad (CRBA) or a U.S. passport, given the potential consequences for your father's naturalization status. Here's some information to consider:

1. Validity of bigamous marriage: In California, bigamous marriages are considered void and illegal. However, if the bigamous marriage was legal in the country where it took place, it might be recognized for certain purposes under the principle of comity.

2. Disclosure: It is crucial to be honest and forthcoming in your CRBA or passport application. Failing to disclose material information could lead to legal issues. Consult with an experienced immigration attorney to determine the best course of action regarding disclosure.

3. Potential consequences for your father: If your father was naturalized after the bigamous marriage, there is a possibility that his naturalization could be revoked if the authorities determine that he willfully concealed or misrepresented material facts during the naturalization process. However, this would depend on the specific circumstances of his case.

4. Statute of limitations: There is a statute of limitations for denaturalization proceedings. If the bigamous marriage and your father's naturalization occurred more than 10 years ago, it might be more challenging for the government to pursue denaturalization.

Given the complexity and sensitivity of your situation, it is essential to consult with a qualified immigration attorney who can assess the specific details of your case and provide guidance on how to proceed with your CRBA or passport application while minimizing risks to your father's naturalization status. An attorney can also advise you on the potential consequences and help you explore your legal options.

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