How does USICS handle a situation when, during a marriage-based adjustment application, it transpires that there might have been an eligibility issue with the Naturalization application of the U.S. Citizen (USC) spouse petitioner? For example, it is discovered that divorce proceedings had been initiated after the naturalization application was filed,but prior to the interview and the divorce was finalized soon after the oath, and eligibility being based on three years of residence in marital union with USC. What factual issues arise and what is the standard for proceeding with an action for denaturalization?
If USCIS determines that an applicant for naturalization was not eligible to naturalize, the evidence is obtained and submitted to Immigration and Custom Enforcement (ICE) counsel for determination of denaturalization.