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My ex spouse's file is flagged for marriage fraud at the USCIS. I recently learned that he is getting ready to self-petition for

San Diego, CA |

EB1A/EB1B case to obtain his green card. He still needs to remove his conditions as a waiver, but he is taking this new route instead. I was told by an immigration officer at their fraud unit that they are going to have him deported. Not sure if this means he still needs to end up in front of the judge or directly get deported. Nonetheless, will the USCIS sees his new petition of green card as another evidence of fraud when they see him petitioning while having a conditional green card in his possession? The USCIS has substantial proof of his fraud for which he is flagged, but my ex does not know these nuances yet and hearing that he's going to self-petition now for a new card by himself, makes me wonder if this is a big mistake on his part since they not only won't let him take that new

route, but that could also prove to the USCIS further that the guy knows he's guilty, so he is trying an alternative route for himself without bothering to remove his conditions...if he was so innocent in his own mind. Just want an advice as to how his new petition would be looked at in the eyes of the USCIS where he's under review at the local FDNS unit of the USCIS office.

Attorney Answers 4

Posted

He has the right to self petition but must show that the marriage was entered into in good faith. The evidence you have provided to the fraud detection unit will be reviewed carefully and is available to the adjudicators of his self petition. If USCIS determines he has engaged in marriage fraud they will deny the self-petition.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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Posted

You need an immigraiton attorney. DONOT do anything until you have an experienced immigraiton attorney engaged.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

May I ask why I need an immigration attorney ?

Posted

You need an immigraiton attorney. DONOT do anything until you have an experienced immigraiton attorney engaged.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

The problem is that if the USCIS has "substantial evidence of fraud," your ex-husband is inadmissible to the US. Even if he qualifies for the EB-1 Petition, he would be denies adjustment of status or an immigrant visa. Also, if he is a Conditional resident based on a marriage, he cannot adjust status other than via removing the condition, except in limited circumstances not presented in your question.

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Posted

This is what I was trying to understand and confirm. Thank you for your time. Luckily, the USCIS fraud detection unit contacted me, and I've been continuously providing them evidence of his fraud. He has no joint evidence to submit either, so I can't image how he will remove the conditions, plus the FDNS officer told me that they are going to deport him. I assume that this means he will end up in immigration court? At first, I thought that they will automatically deport him, but I later learned that everyone who is deportable gets another chance in front of the judge.

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