Sweet Mistakes: Fix US Immigration Mistakes Before They Turn Sour

If you ever receive a green card or a US passport that was issued to you in error, please return it. Don't keep it, thinking you can use the defense of estoppel or you can seek a reliance-based remedy in court if the issue comes up. That likely won't work. 

I agree; it is very tempting to keep a mistakenly issued 10-year green card, when you should have received a 2-year conditional green card, but just like a bank that sends you $50 million in error will come back to collect the mistakenly deposited funds, the US government is also likely to realize their error at some point.

Keep in mind that even if you were misled into thinking you're a US citizen when you're not, the court will not grant you an immigration benefit that you do not qualify for. Remember the Washington Post's viral story of a medical doctor who had been issued US passports for over 60 years by the US Department of State, only to discover he was never a US citizen? Although born in the US, the status of parents as diplomats prevented him from obtaining US citizenship via birthright. The error was realized last year by the US Department of State when he attempted to renew his US passport after 60 years of both him and the US government believing he was a US citizen.

More recently, the story of Simon Guobadia, husband of Porsha Williams (Real Housewives of Atlanta fame) reinforces this US immigration lesson. He obtained his green card under the SAW program in 1992 through fraud. In 2016, he applied for US citizenship. The application was denied because he was found to have unlawfully obtained his green card. He reapplied for US citizenship in 2020. It was denied again. He requested a rehearing and the denial was reaffirmed. He then filed a law suit arguing that the US government could not take away his green card after letting him have it for 32 years. He claimed the government was at fault for not discovering his fraud and asked the Atlanta District court to ‘ratify’ his unlawfully obtained US permanent residency. Needless to say, the court rejected this argument. Even in cases where a recipient of a wrongly issued immigration benefit is innocent, they are still not granted the benefit. In this case, Simon’s use of fraud made it even more unlikely that the court would rule in his favor. It is worth noting that courts only consider 'ratification' requests in exceptional circumstances, such as when the government has engaged in 'affirmative misconduct'.

Ultimately, you are better off addressing a US  immigration mistake now even if they're in your favor, rather than ignoring them. US immigration generally follows a progressive path: from visa to green card to citizenship, with each stage building upon the previous one. Additionally, even when renewing benefits, the US government/USCIS will typically review your eligibility each time you apply for renewal, ensuring that you continue to meet the requirements for the benefit. As a result, mistakes are likely to be uncovered, whether you're renewing a mistakenly issued benefit or seeking a new status. By correcting errors early on, you can avoid potential immigration complications and go on to live your best life. 

Akua O. Aboagye, Esq. (AK Poku)