Can I still file a petition of residency to a person that entered the US under a false name?
Q: I am filling a petition of residency for my wife. She came into the United States with a visitor visa, but got it under another name. False identity was used. She was 6 years old back then so the events that occurred were not under her control. I want to know how this will affect the process or what options we have.
A: She will need fraud waiver in order to receive green card. Waiver is for alien who has committed fraud or misrepresentation in connection with their immigration or visa application. Even she was very young when she entered the US using someone else’s name, she will still be subject to the inadmissibility under the immigration law.
Waiver may be granted if she can show extreme hardship to you or her parents (if they have immigration status in the US either as USC or LPR). Waiver is very complicated and hard to get. Please consult with immigration lawyer for advice.