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Im a US citizen wants to marry my BF who entered into a fraudulent marriage can I still pettition him?

Stockton, CA |

He has a pending labor cert application but still on process. he got married and INS found it to be fraudulent so they denied the petition. Since INS said he no longer has a valid status here in the US he has to go back home but I want to marry him. Will his Labor cert application help him stay here so we could get married or will my marriage w/ him help him. If ever he goes back home what are my chances of getting him back here in the US. I really love him and I dont want us to be separated.

His labor cert was also filed under 245i

Attorney Answers 4


  1. If his marriage was found to be fraudulent he will be barred from adjusting status for life. You should speak to an immigration attorney and confirm whether or not it was truly fraudulent.
    Regards,
    Nick Misiti
    212 537 4407
    www.misitiglobal.com

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  2. Section 204(c) of the Immigration and Nationality Act prohibits the USCIS from approving any visa petition for someone who engaged or attempted to engage in a sham marriage. This is a difficult situation and more information is needed in order to advise someone. When did they arrive in the U.S., when did the marriage take place, was it definitely a fraudulent marriage or is the U.S. government wrongly making the accusation, what are the person's family ties to the U.S. If your BF concedes that his former marriage was fraudulent, then neither the labor certification nor marriage to you will gain him lawful status. His only hope might be to remain in the U.S. for more than 10 years after the fraud and, if placed in removal proceedings, apply for cancellation of removal. But it is not possible to give legal advice without knowing much, much more. I strongly urge him to seek counsel from a good immigration lawyer.

    Scott D. Pollock
    www.lawfirm1.com


  3. Because of the fraudulent marriage, he cannot obtain immigration benefits.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  4. If it truly was a fraudulent marriage, then neither option is going to work in the short term. A findiing of fraudulent marriage though is very fact specific and can sometimes be overcome with a strong showing that it was in fact a good faith marriage. Your BF will need to show not only eligibility under the current petition (employment-based or marriage-based) but also demonstrate the first marriage was not fraudulent, entered into in good faith and just didn't work out for reasons unrelated to immigration.

    Do not let him leave the country WITHOUT FIRST CONSULTING WITH EXPERIENCED IMMIGRATION COUNSEL as he will also be triggering a 10 year bar before he can return unless he obtains a waiver. Since he entered legally originally he may have some options here.


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law