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
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 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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