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.
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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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)
(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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You should hire an immigration lawyer rather than leave such an important matter to chance.
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Employment / Labor Attorney
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 http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
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