She's been going through this since 2001, However, before the two years expires, the husband field for divorce. Also, months before the the marriage was over, she had a baby for another man as a result, it was labeled marriage fraud by immigration. She is however married to American citizen at this moment and has two more kids. This husband already field. for her, the have been to an interview and immigration said they have no dout on the current marriage. Pl ease, what can she do.
If she was previously found to have commited marriage fraud she will not be entitled to adjust status through her current marriage. My best advise is that she consult with an experienced immigration attorney to assist her and see if she has any relief available.
Please hire an immigration attorney. Her case is too complex to be resolved here.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
See an immigration lawyer who is well-versed in family based immigration and make sure to bring lots of documents to overcome the finding of marriage fraud. While INA 204(c) states that one who was found to have committed marriage fraud cannot apply for any immigration benefit, there is a Board of Immigration Appeals decision stating that an immigration benefit may still be granted if the pprevious marriage fraud decision can be overcome.
Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: [email protected]; skype: usvisalaw Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response should not be construed to create an attorney-client relationship. Please help stop notario fraud and share this web site: www.stopnotariofraud.org.
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