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What happens when the USCIS accuses the immigrant spouse of marriage fraud and denies his I-751? What happens then?
Anonymous2 views7 answers
Seems like this is what's going to happen to him soon. If the USCIS shows some prove to the judge of immigration fraud for a green card while my ex-husband has no evidence to present to the immigration judge, how likely it is that the judge will side with the USCIS and request him to be deported? This is basically the scenario now with him, and I would like to understand the system better and what the judge would be looking at in terms of my ex-husband when he is accused of fraud by the USCIS's attorney. I heard that it is very serious when the USCIS accuses an immigrant of fraud, so how are the judges handling this and what usually goes on in the court when assessing the fraud? I would appreciate some info about this. Thanks. P.S. His interview will be taking place with the fraud officer.
All cases are different. Recently, someone sent in a letter to USCIS claiming that the husband was trying to obtain his green card by fraud. We met with the immigration officer, offered good evidence. Even though the US citizen had divorcd my client, we filed a waiver and he was granted his green card. It is all in the evidence.
He may be referred to immigration court for deportation proceedings. In court he will be given an opportunity to present his case to the judge. The judge may not agree with the USCIS and grant him his green card or agree with the USCIS and order that he be deported. If deported he will mnot be able to return to the USA.
Whether the judge agrees with the USCIS or does not agree will depend on the evidence presented.
I suggest he retain an experienced immigration attorney to assist him in court.
Generally, the USCIS will issue a Notice to Appear in removal proceedings against the Conditional resident whose I-751 has been denied. The Conditional Resident may seek review of the USCIS' decision before the Immigration Judge.
If they find he's been engaged in marriage fraud they will deny his case. he will then receive a notice to appear, it will inform him of the time and place of his hearing before the immigration judge. He will have an another opportunity to fight his case in court. Marriage fraud is very serious, you new to retain an experienced counsel ASAP!
