I got a letter of intent to deny my I 130 petition for the 2nd time, even though I got a BIA decision to remand the case a year ago. They are accusing my husband of entering in a sham previous marriage. I need to know if there are any cases similar to mine and what are my chances of winning if I appeal it?
Yes, provided the response is very well prepared. Having an experienced immigration attorney may greatly assist in this case.
Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
USCIS may approve the I130 if you can produce sufficient evidence to show it was not a sham marriage. I would advise you to hire an attorney to help you.
Yes if you address all the issues of concern which is hard to do without an attorney. If his marriage was indeed sham and they can prove it, you have a problem. If it was not, you should try and address why you believe it was not. The burden is on your husband once they had enough prima facie evidence to show that it was likely so.
Yes, if the grounds for the intended denial are overcome.
You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
There is certainly a possibility of success, but sometimes USCIS can be stubborn on cases like this. I strongly suggest that you consult with an immigration attorney about the case. Best of luck to you.
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With good counsel it might be winnable depending on the facts.
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