When it comes to burden of proof of the alien in immigration court, what would the judge be requesting or looking for from the

alien to prove that he married in good faith assuming that he is put in removal proceeding and found himself in front of the judge. Are the list of bonafide evidence of marriage the same for the immigration judges and the USCIS?

Los Angeles, CA -

Attorney Answers (5)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

The Judge does not decide the I-130 petition. The Judge will let the USCIS do so.

Please click the link at the very bottom for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
F. J. Capriotti III

F. J. Capriotti III

Immigration Attorney - Portland, OR
Answered

Mr. Shusterman is correct ...you're already playing the wrong 'game' if you are trying to prove bona fides to a judge.

Hire a lawyer ... you're in over your head and this is too serious to learn-as-you-go.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
Simone Rosemarie Coley

Simone Rosemarie Coley

Immigration Attorney - Bridgeport, CT
Answered

I agree with my colleagues. Please hire an experienced attorney to handle your case.

Simone Coley, Bachand & Bachand; 855-422-2426. 189 State Street, Suite 100, Bridgeport, CT 06604.
Anu Gupta

Anu Gupta

Immigration Attorney - Boston, MA
Answered

I agree with my colleague.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
Daniel Patrick Hanlon

Daniel Patrick Hanlon

Immigration Attorney - Pasadena, CA
Answered

Generally, if you are seeing approval of an immigrant visa petition based on a spousal relationship, you must satisfy the USCIS, by a preponderance of the evidence, that you entered the marriage in good faith. If you entered into the marriage AFTER the commencement of removal proceedings, however, the burden of proof is "clear and convincing" evidence. The Immigration Judge does not have jurisdiction over the visa petition, but does have jurisdiction over any application for adjustment of status once the visa petition is approved.

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