Can filing a I-130 based on new marriage (has been acknowleged as BF by ICE) overcome marriage fraud finding by guilty plea?

Asked almost 2 years ago - Columbia, SC

Ex-wife made statement to ICE that marriage was fake and withdrew petition. Hubby couldn't understand anything about the case and was told to enter guilty plea so he'd be deported quicker. He entered into the marriage in good faith and has documentation to prove so (i.e. letters from ppl who knew the couple, joint taxes, joint lease, joint bank account, life insurance policies where his ex is the main beneficiary and more) None of which was in his 'case file'. Also, in the ex's sworn statement are many lies that can be proven as such based upon the above documentation (ex. "The address on the ID card is HIS address alone which he had before we were married" - but the lease says otherwise and signed by both). He was deported by an IJ in 2004 and obtained a divorce from ex in 2006.

Attorney answers (4)

  1. Gen Kimura

    Contributor Level 18

    2

    Lawyers agree

    Answered . Please hire an immigration attorney. Your question is too complex to answer here.

  2. Philip Alan Eichorn

    Contributor Level 19

    2

    Lawyers agree

    Answered . This is a very difficult situation. First, he'd have to undue the bell that was rung when he plead guilty to the federal crime. Extremely difficult. Then, he'd need to reopen his removal case from abroad. As difficult. Then there would have to be some lawful basis for him to stay. The really bad news is that if CIS made a 204(c) finding (which is very likely), he's permanently ineligible to benefit from any type of visa petition. Extremely limited chance of success.

  3. Jose Antonio Moreno

    Contributor Level 15

    Answered . Marriage fraud is a serious immigration offense--However, many facts are missing to determine which waiver, or waivers, if any, are available to waive this infraction. Contact an immigration attorney ASAP.

  4. Rahul Chakravartty

    Contributor Level 11

    Answered . There is no simple answer and it will take knowledgeable and creative layering to solve your problems. Hire an experienced immigration attorney. Make sure they know what they are doing, it is a complicated matter.

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