I have a question regarding the laws pertaining to sham marriages. Back in the year 1980 I made a sham marriage to stay in the U.S., I obtained a divorce through the court (NYC). I also was given a green card back in 1989.
I had other issues with the law that resulted in my deportation in 1996.
I am now remarried to an American, we have been married 7 years, we have been trying to get my visa to go back to the U.S. The American Embassy has now sent me a letter saying that because of my sham marriage back in 1980 I can not get a visa to go back, if this is true is there anything I can do to get a visa?
Thank you for your time, Medhat
It depends on what information is available about the sham marriage. The law states that if you conspire to enter into a sham marriage then no petition can be approved for you in the future. However, evidence of the sham must be contained in your file. What evidence is in the file at this point we don’t know. Further, the reason why you were deported is also going to be relevant to your ability to obtain a visa to return to the U.S. Consult with an experienced immigration attorney who can review your case and advise you as to the options available to you,
While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.
If you have been determined to have entered into a sham marriage for purposes of immigration, you are barred from immigrating to the US.
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.
Under section 204(c) of the Immigration and Nationality Act, while you are not barred from immigrating to the U.S., but you are barred from ever having a visa petition approved on your behalf. And you will always need to obtain a fraud waiver.
Therefore, you would have to immigrate without being petition. Here are some options: visa lottery, cancellation of removal, asylum, as the derivative beneficiary of a petition filed on behalf of someone else.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation, telephonic or in-person, by an attorney experienced in immigration law. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.