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What happens when the USCIS accuses the immigrant spouse of marriage fraud and denies his I-751? What happens then?

Los Angeles, CA |

Seems like this is what's going to happen to him soon. If the USCIS shows some prove to the judge of immigration fraud for a green card while my ex-husband has no evidence to present to the immigration judge, how likely it is that the judge will side with the USCIS and request him to be deported? This is basically the scenario now with him, and I would like to understand the system better and what the judge would be looking at in terms of my ex-husband when he is accused of fraud by the USCIS's attorney. I heard that it is very serious when the USCIS accuses an immigrant of fraud, so how are the judges handling this and what usually goes on in the court when assessing the fraud? I would appreciate some info about this. Thanks. P.S. His interview will be taking place with the fraud officer.

I meant to say above that my ex will be accused of fraud, but he will not have any joint documents of shared resources with me, no tax returns, nothing that he would show to the judge to refute the USCIS's accusation. I provided the USCIS with enough of his fraud and I am in contact with them directly (with the fraud unit, that is). So my confusion lies in what would take place in court instead and whether the judges would be inclined more to believe the USCIS with the proof or the ex husband who can not show joint assets with me. Are there immigration judges who are biased in some ways?

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Attorney answers 7

Posted

All cases are different. Recently, someone sent in a letter to USCIS claiming that the husband was trying to obtain his green card by fraud. We met with the immigration officer, offered good evidence. Even though the US citizen had divorcd my client, we filed a waiver and he was granted his green card. It is all in the evidence.

Asker

Posted

Thank you for this specific example, it's helpful to know. So you would say that it's all in the evidence of bonafides for the immigrant spouse? Had your client not had the evidences of joint bank accounts, tax returns and such other co mingled documentations, you would have had difficulty in proving the bonafides of the marriage for your client? Since you mentioned "evidences" I was wondering if it's the types of evidences you submitted as I mentioned in here? I would appreciate if you can give me just few examples of what those evidences were. I marked you helpful and as the best answer. Thanks again.

Posted

He may be referred to immigration court for deportation proceedings. In court he will be given an opportunity to present his case to the judge. The judge may not agree with the USCIS and grant him his green card or agree with the USCIS and order that he be deported. If deported he will mnot be able to return to the USA.
Whether the judge agrees with the USCIS or does not agree will depend on the evidence presented.
I suggest he retain an experienced immigration attorney to assist him in court.

Asker

Posted

great answer, thanks Kyndra. Well, the USCIS has proof, but my ex does not in terms of joint assets or anything that has to do with me. So the only thing he could turn in are affidavits from his friends, that's all, while the USCIS has proof that a certain woman who trains immigrants to claim abuse for green card has trained him to do the same. Basically, there is proof that he is involved in immigration scam with no documented evidence that he planned to share his life with me, no bank accounts not a single things except some lousy affidavits from HIS own friends as I said before. That's why I was trying to understand how the judge would rule if things go exactly as I am mentioned in here where my ex can simply submit affidavits and nothing more than that. Again, thank you for your informative answer. I marked you as helpful.

Posted

A finding of marriage fraud is extremely serious. He should fight this. He should consult and retain an immigration lawyer immediately.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

Posted

I agree with my colleagues. An accusation of marriage fraud is very serious. He needs to have an attorney represent him.

Posted

It's time to get help from an attorney. Your question is case specific, general information here is not likely to resolve the issue.

Raja S. Gill | Attorney At Law | Gill Law Group rsg@rsgattorney.com | http://www.thegillfirm.com T: (855) 600-4567 | T: (949) 333-0891 | F: (949) 625-4816 Disclaimer: Answers/information provided on this site general nature for information and educational purposes only. The answer may or may not apply to the facts of your case. Please consult an attorney before making any decisions or in any way relying on this information.

Posted

Generally, the USCIS will issue a Notice to Appear in removal proceedings against the Conditional resident whose I-751 has been denied. The Conditional Resident may seek review of the USCIS' decision before the Immigration Judge.

Posted

If they find he's been engaged in marriage fraud they will deny his case. he will then receive a notice to appear, it will inform him of the time and place of his hearing before the immigration judge. He will have an another opportunity to fight his case in court. Marriage fraud is very serious, you new to retain an experienced counsel ASAP!

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