Seems like I will end up in immigration court because of the notice to appear. I am being accused of fraud by the USCIS.

Asked about 1 year ago - Los Angeles, CA

My ex filed for divorce from me 2 months after the arrival of my card. Quite honestly, I just have a few affidavits from friends who say that the marriage was bonafide, but they are my own friends, and not sure if only affidavit will help me out in front of the judge. What do immigration judges look for during the hearing? I heard that the government will have its own attorney. My ex has also provided information to the USCIS of my concealed marriage and divorce back in my home country. I did not intentionally conceal it, I simply did not think that it was a big deal to let my citizen wife know about it, especially when I have no kids and the marriage back then lasted for a few months only. There are a few other things too, but I did enter the marriage in good faith.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . NTA IS an invitation to an immigraiton court. Hire an immigraiton attorney with experience in removal and deportation issues. Do not play with it.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Theodore John Murphy

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You will need an attorney to help you. A finding of marriage fraud will prevent you from getting any other immigrations benefits and will also lead to your removal. You are correct that entering the marriage in good faith is the critical issue. You should not handle this matter on your own.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  3. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with Mr. Murphy. Too much has already gone wrong. In concealing the first marriage and divorce, you were unable to trust your second wife would still love you. If you withheld other facts, then the ICE Chief Counsel will insist that that the withholding of information to your second wife 'may' go to the bona fides of your relationship. Whether this is enough to rescind status depends on all of the facts and the judge hearing the case. You really need to find a way to afford a competent and experienced immigration attorney to represent you. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.
  4. Jeffrey Adam Devore

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As you note, the government will be represented by an attorney. You should be too. From what you describe you are in way over your head already. Consult with an experienced immigration attorney immediately.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more

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