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On what grounds can immigration deny 751 waiver when you apply to remove the condition after divorce

Sacramento, CA |

what are some of the reasons they will sure deny you without any doubt is what I would like to know.

Attorney Answers 5

Posted

On the ground that if you Re now divorced from the spouse through whom you gained your green card, that you did not submit enough evidence to prove that your marriage to a USC was entered into in "good faith" and not for the sole purpose of obtaining a green card.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

Thanks for your comment, I just marked it as helpful and best! Just to follow up with your answer...in what situations then you'd be called in for an interview after filing the i-751...I heard even a divorced immigrant is called in, but is it when there is lack of evidence or what. I mean if my spouse can not provide any documentation at all after being requested to submit evidence, will the spouse get an automatic deny or will be called in for an interview to determine why there are no evidence submitted. Trying to understand at which point the divorce spouse will or might be called in unless he ask for proof, he shows no proof and automatically gets put in removing proceedings. I would appreciate a very brief response as you seem to be very helpful. Thank you.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

A divorced spouse gets called in for an interview no matter what, as a rule, to be questioned about the bona fides of the marriage. No one gets automatically denied. She'll be given a second chance and of need be a third, in front of an immigration judge. IJ's are good at granting such immigration to, as they are often more lenient than USCIS and ICE.

Asker

Posted

I presume that IJ's do not take into account the amount of evidence of bonafides then.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

They do. But they also put DHS thru their burden of proving that the marriage is not bona fide, something which DHS can hardly ever prove.

Posted

If the marriage was not a bona fide relationship

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Posted

They can argue that the marriage was not real or bona fide.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

The USCIS could deny your application if they find that you did not have a real relationship. You will probably be called in for an interview as well. USCIS will review the documents you provide in your application and also base their decision on the interview (if you are called in for an interview).

This information is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation and does not create an attorney-client relationship.

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Posted

A fake marriage is always good grounds for denial. Lying about the details of a real marriage is another.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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