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I-526 and 204(c)

Los Angeles, CA |

if a person has a 204(c) INA on his record. Can he, in the future petition for I-526?

thank you

sorry was half asleep when typing it. can he/she get a permanent residency based on I-526 petition? thanks.

Attorney Answers 3


A finding of marriage fraud bars from receiving an immigration benefit from any immigrant visa petition.

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Basically no. If the 204(c) finding was erroneous you could file a new I-130 and when that is denied file a complaint in federal district court.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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Findings of fraud pursuant to INA 204(c) can be overcome pursuant to Matter of Tawfik. I have substantial experience in these cases and will convey to you they are fact intensive and require a great deal of diligence in preparing the case. With the right facts and usually a poorly written decision (by CIS), it can be done.

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