06 Feb Did USCIS denied your adjustment of status based on marriage?
By Atty. Crispin Caday Lozano
After your adjustment of status interview, the USCIS will send you a letter which could be a Request for Evidence or a final decision. If you were petitioned by your spouse and you received a decision from USCIS stating a finding of marriage fraud you should immediately consult an experienced immigration attorney. The Immigration and Nationality Act Sec. 204 (c) prohibits the approval of a subsequent petition if the alien committed marriage fraud in a prior petition. It also prohibits the approval of the first petition if the Attorney General determined that the marriage is a sham.
The finding of marriage fraud usually happen during the adjustment of status interview mostly in marriage cases. If there are inconsistencies in the responses of the petitioner and beneficiary to the questions raised by the USCIS officer, it will likely trigger a conclusion of marriage fraud. If you received a decision stating your marriage is primarily for the purpose of obtaining immigration benefit, then, your case is likely a marriage fraud case. The result of this decision is that even if your succeeding petition is not marriage case such as employment based or petition by your son or daughter, or parent, the petition will not be approved. There are limited remedies available but you have to act immediately as soon as you received this kind of decision.
One exception to this rule is that if the alien has already obtained an immigrant visa or already adjusted status before he or she is sent to removal proceedings. The prior finding of marriage fraud can be waived and the original entry or adjustment of status as an immigrant can be made valid once the waiver is granted. But if you have not yet received a visa or adjusted your status, then, you have a big problem.
Question: I was charged with fraudulent marriage when I applied for an immigrant visa at the U.S. Embassy in Manila as spouse of a U.S. citizen. I was denied a visa at that time. My spouse divorced me afterwards. Later on my mother petitioned me as single daughter to a lawful permanent resident. When the priority becomes current I applied for immigrant visa and I was approved. When I was applying for naturalization, the USCIS found out the marriage fraud in my record. I was denied my naturalization application and they sent me to removal proceedings. What is my relief from removal?
Answer: You are inadmissible as a Lawful Permanent Resident at the time you obtained your immigrant visa based on the petition of your mother because of the marriage fraud you initially committed. The good news is that you can request for a waiver of the fraud or misrepresentation you have committed. The requirements for this waiver are:
- Must be the spouse, parent, son or daughter of a U. S. citizen or lawful permanent resident.
- Was in possession of an immigrant visa or equivalent document and was otherwise admissible to the U.S. at the time of such admission except for the grounds of inadmissibility which was the result of his or her fraud or misrepresentation.
You may qualify for a waiver because you are the daughter of a U.S. citizen. At the time of your admission to the U. S. you are in possession of an immigrant visa and you are otherwise admissible except for your prior fraud or misrepresentation. The Immigration Judge has the discretion to grant a waiver in this situation. The Judge will weigh the positive factors about your case and compare them with the negative factors.
Note: This is not a legal advice.
- On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
- On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.
- On December 6, 2018, we received an approval from Immigration Judge an adjustment of status for a client in removal proceedings.
- On December 26, 2018, we received an approval from USCIS of adjustment of status for a client after our response to Notice of Intent to Deny the case based on good faith marriage issues.
- On December 28, 2018, we received an approval of a naturalization from USCIS for a client who was granted a waiver of misrepresentation in Immigration Court.
- For the month of December 2018, we received approvals of I-751 for three clients.
- For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
- For the month of October 2018, we received five approvals of N-400 and one approval for adjustment of status, two approvals of I-601A waiver of unlawful presence and one I-751 Removal of Condition on Residence.
- On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
- For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
- On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
- For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
- On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their marital status but has no criminal records, has long residence and strong family ties in the U.S.
- On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa for our client who has been in the U.S. for 26 years, no criminal record and strong family ties in the U.S.
- On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and personal injury law since June 1999. His contact phone is 1-877-456-9266, email: firstname.lastname@example.org