Marriage fraud and deportation

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Friend of mine got arrested for marriage fraud and is held at the county jail for almost 2 months now. He got arrested from FBI not ice . He still don't have a court day. Is anything that could be done so he won't get deported? Can he come back if he gets deported?

Attorney Answers

2
Khaja Din ·
Coming back after getting deported is the most difficult, costliest and riskiest option if you want to even call it an option. First thing is to find a rock star criminal defense attorney who can fight his marriage fraud allegations. If you can beat that, the immigration side will have to be dealt with. There isn't enough information in your question to answer properly. Usually there are options that are available but those depend on the particular fact patterns of the client individual situation. Consult with an aggressive and knowledgeable immigration attorney to guide you. Best, Khaja M. Din, Esq. Din | Memmen, Inc. www.dinmemmen.com Chicago Office 4518 North Kedzie Avenue Chicago, IL 60625 P.312.878.2357 F.312.794.1813 Madison Office — By Appointment Only Main Street Justice 354 West Main Street Madison, WI 53703 P.608.238.1050
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Kevin Dixler ·
More information is needed. Perhaps, something can be done. However, if the Government proves that he committed certain acts that are defined as marriage fraud, then a foreigner is usually unable to lawfully immigrate to the U.S. even after deportation. Efforts after deportation to return often prove complicated, questionable, result in delayed processing, and/or result in eventual denial. Yet, some persist in trying to lawfully return. He should not have to wait two months for a complaint in a Federal Criminal Court. The DHS and DOJ may be unreasonably detaining him as part of its discretion and/or due to staff shortages. A questionable delay can encourage him give up his rights without a hearing. It is best for the friend's family, among others, to get a experienced immigration attorney, since he needs to know his rights. He may be eligible for a bond. Often, a person who admits or 'is proven' in court to have knowingly committed marriage fraud is banned for life from lawful immigration for consular processing purposes. This is true unless they can qualify to file for and receive relief in immigration court, while they are in the U.S. If there is a fiance or boyfriend, then they may want to consider emigration from the U.S., where marriage is being considered. A fiance may want to get married and fight the case in immigration court with their loved one. The effect of such an effort depends upon the many factors.
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