My friend got arrested for marriage fraud. Stayed in jail for 5 days. Now he's waiting for the Federal court. Non us citizen. No children. Has been living in U.S. For 7 years. Worked, paid taxes. His "wife" had already been arrested, had court and pleated guilty. Got only 2 years of probation. Is there any chance he can stay in U.S. ? Chance to avoid the deportation?
Very little chance for him. Tell him to schedule an appointment with an experienced immigration attorney. Please see
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Very little chance, am afraid. it will be an uphill battle in Federal Court - outcome uncertain. The admission and confession of the US citizen "spouse" pretty much seals his fate.. But, don't take my word for it - let him schedule a consultation with a highly experienced immigration lawyer and take it up from there..
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With a marriage fraus coniction there is almost no possibility that your friend will be able to stsy in the US.
I am a lawyer, but I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
Presuming he is ready to not fight the charge, and the marriage was fraudulent, versus an angry ex-spouse making up information, he has very little chance of not being deported. He should still consult with an immigration attorney to determine how he wants to leave and whether a stipulation to removal would secure a benefit (no jail) or help in any manner.
Any finding of immigration fraud creates a permanent bar to adjust, therefore you would've wise to meet with a knowledgeable counsel to evaluate your legal strategy.
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