"IJ will ask proof involving a factual, unequivocal, and convincing evidence of a good faith marriage."
A person has been accused of fraud by the USCIS. What would the above evidence include for the IJ?
*Before you say I need a lawyer: 1) this isn't related to me; 2) I need specific answer as to what it means for the IJ/IC the "factual, unequivocal, and convincing evidence of the bonafide marriage" and not an opinion about how I need a lawyer, so I am looking for direct answers please. Thank you in advance.
Proof includes affidavits from people who can testify you live as a married couple, joint bills together, joint lease or mortgage, joint insurace, designation on insurance and 401 k policies, ownership of joint property, joint bank accounts, wills listing each other as beneficiary, photograpgs together, joint travel plaitineraries, hotel bookings, flights on the same day, photographs at various times nad destinations
Depends on the specific facts of the case.
The Court of Appeals for the Second Circuit has stated that immigration law is "a notoriously complex and constantly shifting area of law."
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
This is far to complex without specific access to the case file to answer in a venue such as this. The true answer is the person does indeed need a competent attorney with specific experience in removal defense. Best of luck.
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OK, since you don't want to pay a lawyer, nor a Law Professor for their time in helping you understand this quite complex area of law ... I'll point you into the correct direction for you to do your own research: http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html
Use the same key words you listed above .... happy reading!
PROFESSOR OF IMMIGRATION LAW for over 10 years -- firstname.lastname@example.org -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.