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

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


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.

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ok thanks..what if there is no more evidence to show just like to the u.s.c.i.s. in this case what the judge would look into the the immigrant can not show anything to the judge as there a big chance then the immigrant will be deported.

Wendy Rebecca Barlow

Wendy Rebecca Barlow


Yes, you can be deported. Any alien can be deported if they fail to maintain lawful status. It is not USCIS's burden to show you are eligible for removal of conditions. You need to consult an experienced immigration attorney as soon as possible.


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: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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ok thanks...that's what I wanted to know...but I mean if you can not show anything to immigration to successfully remove the conditional status based on no proof and a fraud report, then you will not be able to gather proof out of the blue for the judge you know..this is what I am trying to understand how a person could prove anything to the judge if that person committed fraud and has been reported by the spouse


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 should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:

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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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

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