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Would this person get their permanent green card in this case?

Boston, MA |

Let's say if someone has a conditional (the 2 year) green card and they are divorced, and he is applying for the permanent green card with the I-751 waiver.

Now the ex-wife has reported the guy for marriage fraud (using her for green card). What are the chances the guy will get the permanent green card if there is a fraud report but he denies the fraud because it's not true and has evidence of a real marriage?

Attorney Answers 4

Posted

It will be critical to your case that you have a lot of proof that you entered into the marriage in good faith. You really need the help of an immigration attorney.

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Posted

It is your requirement to prove to USCIS that your marriage was bonafide. If you manage to do that, then your conditions will be removed. You should absolutely retain an immigration attorney to help you with this process. Good Luck.

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Posted

What are the chances? Well, it depends on all the facts of this particular case, including the proofs that the marriage was legitimate. Representation is strongly suggested.

Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an experienced immigration attorney. This answer does not create an attorney-client relationship.

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Posted

Would the person get their Green Card? It is impossible for any attorney to be sure as it would be adjudicated by a third party, the USCIS. However this person would most likely be eligible to apply to have the conditions removed from their Green Card. They would need to prove that the marriage was real and entered into in good faith and they would prove that through evidence. I would strongly recommend that this person retains an attorney to help them present the strongest case possible for them.

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