If immigration denies your I-751 based on a fraud marriage from the immigrant spouse, what happens then...

Asked over 1 year ago - New York, NY

I know that the case goes to a judge, but if the immigrant can not prove that the marriage was entered in good faith whatsoever (for which immigration denied the waiver in the first place), what is the role of the judge in that case and what is he going to look into when reviewing the case brought by immigration. If the immigrant can not prove good faith marriage to immigration, then the same goes for the immigration judge, so in that case what the judge is going to look at and to determine if the immigrant should be deported or not.

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . The burden of proof is on you. If you can not prove that your marriage was entered into in good faith, the Judge will probably order you deported.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Wendy Rebecca Barlow

    Contributor Level 20


    Lawyers agree


    Answered . You should hire an experirnced immigration attorney. The Immigration Judge is not bound by the decision of USCIS. You will be able to present any and all evidence to show your marriage was Nina for and challenge the findings of USCIS.

  3. Dean P Murray

    Contributor Level 18


    Lawyers agree

    Answered . You should hire an immigration lawyer rather than leave such an important matter to chance.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  4. Alena Shautsova


    Contributor Level 20


    Lawyers agree


    Answered . You will have a second chance with the judge. Hire a good lawyer to help you.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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