An uder cover agent contacted me for help me with my status and I fall into that trap therefore I was convicted for conspiracy for marrige for the purpose of immigration. After that I met my love who is a vetran and we both fell in love with each and married. She pettion i130 for me and were called for interview but few days later we receive a NOID that the application we be denied because of my conviction and we were give 30 days to respond before service took final decision. What is my chance and what case law can back my conviction? I need help because we have only 20 day left to respond.
There is no waiver for INA 204(c), however there is some wiggle room if your current wife can show that YOU did not seek to obtain status based upon your prior fraudulent marriage. In other words any paperwork filed with immigration on your behalf was done without your knowledge. Therefore if any paperwork submitted on your behalf the first time did not contain your signatures, you might have a prayer.
The good news is if they place you into deportation proceedings you are eligible for a waiver by an immigration judge even if USCIS denied your adjustment application. Of course, you will need a good deportation defense lawyer, so make sure you go see several before you pay the money.