My question relates to the immigration judge who reviews the LPR's case during the removal proceedings. If fraudulent charges have been brought against the immigrant, how does the initiated divorce by the American spouse affect the decision of the judge or is this not an issue?
I read somewhere that the LPR has to prove that the divorce was not his fault and this is where my confusion begins. If the divorce was his fault for openly telling the American spouse that the marriage is not legit, which then results in termination by the American spouse, how then it is not the immigrants fault? I find this tricky as it relates to my situation.
Immigration judges are very smart individuals and most of them look at the "totality of circumstances and don't base their decision on just those "details" you are mentioning.. In any event, those are simply "one sided allegations", nothing more. Also., in immigration court ICE has the burden of proving marriage fraud by "clear and convincing" evidence - nearly always impossible if you've got a sharp immigration lawyer on your side.
First, who brought fraudulent charges? Second, fraud is ALWAYS an issue. The immigrant has to prove that his intent at the time of entry into the marriage was not sham, divorce issues are secondary here. If by now you don't have an attorney yet, you need to hire one as soon as possible.
The real issue is here whether or not the immigrant intended to marry the USC/LPR spouse at the time the marriage was entered into. What happens later is secondary. The immigrant will have to prove to the judge that the reason he or she wants to marry the USC/LPR is not ONLY to circumvent immigration law /obtain immigration benefits. Consult an immigration attorney as details of your particular circumstance are important in evaluating your removal case.
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