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I was given PR stamp. When judge close my case, can prosecutor bar me from green card because of my first sham marriage? Thanks

New York, NY |

In deportation 12 years ago, INS thinks my 1st marriage was fraud. Now I was married with a USC with two children. My case reopened 2007. 2nd I-130 approved 2008. I-485 waited, no answer. Since I was arriving alien, and was last advanced paroled. The judge had no jurisdiction and wanted the immigration to decide on my I-485. Later, we submitted the proof that I love my ex wife, we lived together and 245i with $1000. I was given PR stamp 6 month ago. But the green card never arrived. Now face next master hearing. I was told the judge can now close my case and grant me the GC, however, the goverment can take away my status because of my first marriage. If the immigration used to prevent me for any future benefits. now granted me PR stamp. Why the goverment atterney can take the it away?

Attorney Answers 1

Posted

It isn't clear from your question, but if you tried to obtain immigration benefits through the first marriage and it was shown to be a sham or a fake marriage- then under the current law, you can be denied immigration benefits through subsequant marriage even though the second one is bona fide. So the quesion is- have you been able to establish that the first one was bona fide? Did the Immigration Judge make a decision that he beilived it to be a valid marriage? If he believed it to be a sham, then yes, your residency can be taken away as it should never have been accorded you in the first place. IF everyone agrees that it was bona fide, then no, your resdency can't be taken away from you- at least for that reason.

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