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Can a person lose their LPR status if he is reported to USCIS for having entered into a fraudulent marriage?

West Palm Beach, FL |

My friend, a CU6, married her boyfriend for true love; he however, married her for the interest of obtaining a residency card (she didn't know this). She discovered this when during an argument, he yelled it to her. He changed soon after he got his greencard and became verbally abusive. My friend has endured the pain and shame of having been deceived by someone she loved and trusted. She's even visiting a psychologist due to extreme suicidal thoughts. They were married a year and half only he he adjusted status quickly for being married to a Cuban CU6. Can she still go to USCIS and denounce him? She has -an illegally obtained- recording of him telling that he wasn't in love with her and that he had married her for papers only. She has filed for divorce. What can she do now?

Attorney Answers 5


  1. Best answer

    Your friend's husband can certainly lose his green card if USCIS determines that he in fact obtained it through fraud. Your friend can tell USCIS about the deceit and USCIS will then pursue the matter further with him. They will give him an opportunity to rebut the allegations but if he is not able to, then he will lose his green card and can be deported.


  2. If your friend is the victim if marriage fraud, she should report the matter to USCIS or DHS. She should submit a detailed written statement and submit supporting evidence. USCIS or DHS can choose to investigate the matter further. You may want to consider retaining an attorney to assist you.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  3. It is the person's intent when the marriage is entered into which determines whether it is bona fide. Many marriages go downhill later on, and the two parties often say insulting things to each other.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. Your friend can report the situation to the USCIS. Whether they choose to pursue the matter is up to them. It does sound like your friend needs to get out of the situation regardless of what happens to the spouse.


  5. Short answer: Yes. Your friend should notify USCIS now that she is aware that her spouse entered into their marriage for fraudulent reasons.

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