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How likely is it that this person would be approved for permanent green card in removing conditions post divorce?

Boston, MA |

If an alien is trying to remove conditions on green card post divorce, how likely is it that he will be successful with the waiver if:

-There are multiple marriage fraud allegations by ex in file
-He left 2 months after getting conditional green card
-Got engaged to a girl from his country a few months later
-Dragged out divorce under threats for 7 months to make it seem like the marriage lasted longer
-Married after 3 months of dating on tourist visa
-Ex is claiming she was pushed/blackmailed into marriage for something

What are the chances of this person getting green card? The whole "relationship" lasted 8 months. He used her.

Attorney Answers 6

  1. The chances don't look good.

    He should hire an attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- 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.

  2. Waivers are granted on a case by case basis. Substantial evidence demonstrating financial comingling as well as cohabitation are required for good faith waivers. The allegations of prior marriage fraud will weigh heavily against the granting of the waiver.

    Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

  3. Based on what you have presented, he/she does not have a very strong case. However, you need to understand that he/she may present the facts in a different light and if uscis believes the marriage was genuine, he/she would be able to remove the conditions.

    This answer is for informational purposes only and should not be construed as legal advice.

  4. The outlook looks very bleak.. That person should urgently hire an attorney.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  5. I believe this question was previously posted. Nevertheless, if the above facts are true, and they are backed by evidence presented to the USCIS, the I-751 is likely to be denied. If the author of this question is the subject of the accusations, (s)he needs an experienced immigration lawyer to comb through the evidence to determine whether a credible defense exists.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

  6. In general, I-751 waiver cases are tough cases, especially if multiple marriage fraud allegations exist. Nonetheless, no one can tell you what the chances are. Only a few facts are known. The way the evidence is presented matters a lot, as well as how credible the waiver applicant is. Based on what you say, the case looks weak, but weak waiver cases also have been approved before.

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