Immigration but identity was used by someone else

UPDATED: Sep 30, 2022

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Immigration but identity was used by someone else


So I have a family member who wishes to immigrate to the USA but when she was a child someone else in her family used her identity to come the USA already. Now she wants to know is it still possible for her to immigrate here using the same identity? If not is there any other legal way around this problem?

Asked on January 6, 2017 under Immigration Law, Georgia


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If it is her true identity and she can prove it, then she is able to use her true identity to immigrate, of course.  She has to be petitioned by someone, however, in order to do so.  It has to be either a qualifying family member or a US employer on the basis of a valid job offer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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