Legal Question in Immigration Law in California

Hi,

Just wondering if somebody can help me understand the difference between Divorce and Marriage Annulment with regards to Naturalization application. I want to apply for Naturalization/Citizenship based on me having my Green Card for over 5 yrs now (10 yrs now). However, my green card was sponsored by marriage to a US citizen; marriage that ended in annulment instead of divorce. The petition for dissolution of marriage (which the annulment was based on) stated that the marriage was insupportable due to "discord or conflict of personalities, etc". The annulment decree does not state any reason why annulment was awarded.

Will this be a problem for me when I apply? My fear is that the Immigration Officer may decide that my marriage was not real (since it was annulled) and recommend that my green card be taken away. This is a real risk I fear.

Do you know anybody who has gone through Naturalization process after marriage annulment?

Thanks.


Asked on 2/26/11, 8:10 pm

1 Answer from Attorneys
Seeta Nangia Law Offices of Seeta Nangia

Yes, it will most probably be a problem because an annulment essentially means the marriage never existed. In some cases, it is better for an individual to hold on to their green card rather than risk being put into deportation proceedings. You should speak to an immigration in detail before applying for any benefits. Please feel free to call me to discuss this matter further.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 2/28/11, 9:47 am


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