Legal Question in Immigration Law in Pennsylvania

I have a couple of questions regarding N-400 questions 23 and 24. I got my green card about six years ago. But my wife and I had to file a waiver, because I "willfully misrepresented a material fact" in my student entry visa application twelve years ago. What happened was I failed to mention in my student visa application that my wife was in US and was a permanent resident. I actually said that she was in China. Now I want to file an N-400. Should I answer "YES" to both questions 23 and 24 or just one? Will I be considered to not have "good mortal character" because of it? Since the "willful misrepresentation of a material fact" occurred over twelve years ago, should it have any impact on my "good mortal character"? Thank you very much.


Asked on 8/16/10, 1:48 pm

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

Generally in situations when someone commits fraud, it will have an effect on good moral character. However, if the event occurred more than 5 years ago, it is statutorily possible to get around the issue.

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Answered on 8/23/10, 4:51 am


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