Of a female comes to the States using a different name, marries and then becomes a citizen using that name can they then be deported if it's found that the used fraudulant names?
Country relating to Question: United States
Hi, Shawn and Welcome to JustAnswerMy name is XXXXX XXXXX X would be glad to help
1. Did the female enter the US legally, or as an illegal alien ?
2. In what year did she arrive in the US ?
3. From what country did the female come to the US
4. Was she free to marry ?
Illegal Alien using a diffirent name
Yes she was free to marry and she had also been working on a Social Security Card for 15 yrs now that is not under her real name.
Andrea, how's it looking? Thanks,
Hi, Shawn, Sorry for any delay, but I assist several customers simultaneously, and we have to go in the order that the question came in, It is not in our control so please do not hold this against me.
Thank you for your additional information. In Answer to your question of whether or not a party ca be deported if the party entered the United States illegally, using an assumed name, it would depend on several factors. First, her case would be reviewed to determine if, when the party married, the appropriate documents were filed with the United States Citizenship and Immingation Service ("USCIS" formerly the "INS") to adjust her status, and gain permanent residency status through her husband. Then, her case would be investigated to determine if she was attempting to defraud anyone by using a fictitious name. If she was not trying to defraud anyone, and was not hiding from the law, she would have a strong case against deportation because of her marriage to a US citizen because of the strong belief the law has in keepimg the husband and wife and the family unit together. If, on the other hand, she was evading the law and had committed crimes, there would be a strong case for her deportation. So, really, her intent and motive will be closely scrutinized. Needless to say, being married to a US citizen also weighs heavily in her favor.
I do not mean to be evasive, but each situation is taken on a case by case basis, and depends on the evidence presented, motive, intent, criminal background check, etc. These are not black and white cases and to blurr things even more, Immigration Court Judges have discretionary powers which allows them a lot of leeway,
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Andrea, Thank you. Just for clarification the initial use of a ficticious name to enter the United States and then the subsequent use of the name instead of trying to use the real one wouldn't be enough> An if he Husband was not aware of the name cover up until after the Marriage?
Thank you again, hope you have a great day.
Technically, if the female were caught before she married a US citizen, she could have been deported because she had entered the US illegally and remained as an illegal alien. Having illegal status would have been enough to deport her and the use of a fictitious name did not have to be used to deport her - She was already "deportable". After the marriage, and having her status adjusted to that of a legal resident alien, the fictitious name would come into play and her motive and intent in using a fictitious name would be scrutinized. If she had not committed any crime(s), and her intent and motive were not to evade the law, or defraud anybody, she might be deportable, but she had her marriage to strengthen her case against deportation. The fact that she did not tell her husband of her illegal status and her use of a fictitious name might be grounds for divorce depending on her State of residence,
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