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Do fraud reports always hinder the immigrant spouse from removing their conditional status on their green cards successfully.

Atlanta, GA |

How does a fraud report effect the spouse's future status generally, and is it always taken into consideration when reviewing the file of the immigrant spouse for the removal of the I-751. Have you had cases when the fraud report of the US spouse hindered the removal of condition of your client. In which instances does the U.S.C.I.S. take into consideration the fraud reports if not always.

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Attorney answers 2

Posted

Yes, USCIS would consider a fraud report in adjudicating an I-751.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His 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.

Asker

Posted

Thanks for your answer. I would assume it would be even harder for the immigrant to remove the condition without being able to provide to the necessary documented proof that it was a bonafide marriage. This is not about me just to let you know. What the spouse can provide the immigration is the marriage certificate, the divorce decree, and affidavit witness report by a friend or two. I would assume simply providing an affidavit won't be enough as he can ask his friend to write whatever he would need. Have there been any instances in your practice that an immigrant was able to remove his conditional status simply by providing several affidavit witness reports to supposedly prove that the marriage to the US spouse was genuine or the immigration will not buy into this.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

No, there should be better evidence. Joint assets, etc.

Asker

Posted

Great! Glad to hear that he won't be able to remove the condition with only witness affidavits. Thanks.

Posted

Yes. Fraud reports must be investigated and that takes time.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.