When it comes to burden of proof of the alien in immigration court, what would the judge be requesting or looking for from the
Los Angeles, CA |
alien to prove that he married in good faith assuming that he is put in removal proceeding and found himself in front of the judge. Are the list of bonafide evidence of marriage the same for the immigration judges and the USCIS?
Mr. Shusterman is correct ...you're already playing the wrong 'game' if you are trying to prove bona fides to a judge.
Hire a lawyer ... you're in over your head and this is too serious to learn-as-you-go.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
The Judge does not decide the I-130 petition. The Judge will let the USCIS do so.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(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.
Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.
Generally, if you are seeing approval of an immigrant visa petition based on a spousal relationship, you must satisfy the USCIS, by a preponderance of the evidence, that you entered the marriage in good faith. If you entered into the marriage AFTER the commencement of removal proceedings, however, the burden of proof is "clear and convincing" evidence. The Immigration Judge does not have jurisdiction over the visa petition, but does have jurisdiction over any application for adjustment of status once the visa petition is approved.