I was recently given a notice of intent to deny for my current USCIS i-130 petition because of a previous marriage they think was fraudulent because of inconsistencies during interview. The problem is that when the previous i -130 petition was denied(4 years ago) it was denied based of abandonment rather than fraud in the conclusion. For my current i-130, USCIS said they cant approve my petition because they think my past marriage was fraudulent. My current notice of intent to deny had the same points of inconsistencies as the old one and had no new information. If the previous denial had no fraudulent charges in the denial reason in the conclusion, how is it that they have concluded it was fraudulent now with no new information and the same point of inconsistencies?
USCIS does not need to make a finding of fraud in a previous application to apply section 204(c) to a current petition.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Let me guess.
You did everything on your own without a competent licensed counsel. Now your case not only requires diligent professional attention but it became more complex due your own cavalier actions.
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Any mistake with your application could be fatal to your case, so you should not risk your future.
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