Case: Hearing in Naturalization due to Suspected Fraud Marriage to obtain Green Card through DV Lottery

Case Conclusion Date:  May 18, 2013

Outcome: Naturalized as U.S. Citizen

Description: Client entered the United States as the derivative (spouse) of a diversity lottery winner.  Based on Client’s marriage to his wife, who won the diversity lottery, he immigrated to the United States as a lawful permanent resident without conditions (10 year card).  He and his wife divorced after the Client’s entry to the United States and before he applied for naturalization.  The Client had limited evidence of their bona fide marriage from after he immigrated to the United States.

Client applied for naturalization after his divorce and after the required five year period of lawful permanent resident status.  Client was asked to provide additional evidence of his bona fide marriage to his wife, which he did primarily through tax returns and affidavits.  Client was denied naturalization for failure to be meet the requirement of being a lawful permanent resident as USCIS determined in its decision that his marriage was not valid for immigration purposes.

Our firm filed an N-336 Application for a Hearing in Naturalization Proceedings following the denial, along with additional evidence, explanations, and references to the proper standard of evidence regarding a naturalization case, and that USCIS cited case law that was not relevant to the Client’s case.

Client was given a hearing before a naturalization officer, provided his explanation, and Attorney Alan Dobson explained the legal position.

USCIS naturalized the Client on May 18, 2013 as a United States citizen.