16 Jul How are Marriage Fraud Investigated?

By Atty. Crispin Caday Lozano

In some cases containing weak documentary relationship evidence, the adjudicator  may refer the case for an investigation. This additional scrutiny may include deep public record searches, an early morning visit at their home, and interviews with neighbors, family and co­ workers.

How do the USCIS investigate marriage fraud? 

To detect frauds, the immigration authorities require a lot of proof that a marriage is real, including more documentation than for other family-based immigration applicants. They subject marriage-based immigrants to a longer and more detailed personal interview than other applicants go through, as well as a two-year testing period for couples who have been married less than two years when their green card is approved or when they enter the U.S. on their immigrant visa.

The U.S. government will not normally follow a couple around or investigate their life beyond the required paperwork and the interviews it always conducts. But it has the power to do so if it sees grounds for suspicion. Inspectors of the Department of Homeland Security can visit your home, talk to your friends, interview your employers, and so on. By requiring more of married couples than of others, the U.S. government has set up a system that gives it a lot of information about whether a marriage is the real thing or not.

What are the information that the USCIS is looking for a married couple?

The “normal” married couple has a fair amount in common. They share a language and religion. They live together and do things together, like take vacations, celebrate important events, birthdays, and holidays, join clubs or gyms, and have sex and children. Typical couples also combine financial and other aspects of their lives after marriage. They demonstrate their trust in one another by sharing bank and credit card accounts and ownership of property, such as cars and houses. They celebrate each others’ birthdays and meet each others’ families.

Based on this information, it is advisable to seek the advice of an immigration attorney to inform you of the chances of your immigration petition or application.

Note: This is not a legal advice.  You should seek the advice of an experienced immigration lawyer about your specific circumstances.

SUCCESS STORIES

1. 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.
2. 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.
3. On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
4. For the month ending March 31, 2018, we received approvals for four naturalization applications.
5. For the week ending March 31, 2018, we received approvals of six Adjustment of Status, two Application to Remove Condition on Residence and two Renewal of Green Card approvals.
6. On March 9, 2018, we received an approval from USCIS for adjustment of status for a client who was abused by her spouse.  The I-601 waiver was approved based on extreme hardship.
7. On February 15, 2018, we received a grant from Immigration Judge for a waiver of misrepresentation for a client who has been in the U.S. for long period of time.
8. For the week ending February 9, 2018, we received approvals of one I-485, one N-400, one I-90 and one I-751.
9. On January 12, 2018, we received an approval of immigrant visa at the U.S. Consulate Manila for an alien who applied for I-601-A as one who entered as a seaman.
10. On January 10, 2018, we received an approval form USCIS of a self petition for abused spouse based on same sex marriage.
11. On January 3, 2018, we received an approval from the Immigration Court for a waiver of misrepresentation for a client who was charged with misrepresentation in marriage;
12. On December 15, 2017, we received an approval from USCIS for an adjustment of status for same sex marriage for an applicant who entered without inspection but has Sec. 245 (i).
13. On November 16, 2017, we received an approval from Immigration Court for a waiver of misrepresentation for entering as single daughter of U.S. citizen but actually married.

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 Association.  He specializes in immigration law and personal injury.  For free consultation email or call (info@ccllaw.net / 1-877-456-9266)