09 Jul What is Marriage Fraud and its consequences?
By Atty. Crispin Caday Lozano
In marriage cases, the USCIS will issue Notice to Appear (NTA) where a Statement of Findings substantiates fraud as a part of the record. Such an NTA can be issued even if the petition is not substantiated by fraud. Moreover, criminal cases are top enforcement priorities and persons with criminal history should consult with an immigration attorney.
May USCIS Refer A CASE to ICE Before Adjudication?
Yes, USCIS has the ability to refer a case to ICE for guidance before adjudication of a case. Such an action will suspend the adjudication process for 60 days or until ICE provides direction. Where ICE does not issue such an NTA, USCIS may resume the case with the referral grounds in mind. Note that where ICE will issue an NTA, they will state the grounds for the removal.
How can a client with criminal records be able to proceed with his petition or application?
There are crimes that make a person inadmissible and there are crimes that a waiver is available for a person to apply. It is always a good idea to consult with an immigration attorney about your case and criminal history before proceeding with the petition or application for adjustment of status. The use of Freedom of Information Act request would more than likely mitigate a person’s recollections of his case.
What are the COMMON PITFALLS in marriage cases?
In navigating a client’s case, there are common pitfalls for the petitioner and/or the beneficiary. Common pitfalls such as lack of documentation, limited marital history, documents that do not exist, cultural norms, and poor preparation are some of them. An Immigration Attorney can help a client avoid or overcome these common pitfalls.
How can a client respond if he or she has Limited Documents and Marital History?
Lack of documentation and limited marital history often go hand in hand. For instance, young clients and indigent clients often have very little financial bona fides. In such instances, the attorney can use testimony from individuals who know both the beneficiary and petitioner in the form of affidavits. Affidavits should be detailed enough to illustrate to a USCIS adjudicator that there is a genuine relationship between the parties. Other ways to overcome lack of bona fides is through family memorabilia, and common memberships in gyms, church, financial institutions and retail memberships.
What should a client do if there are issues in Cultural and Social Norms?
Cultural and social norms may be issues that appear to be difficult to overcome, but a well-prepared attorney will have their client prepared to overcome with similarities. For instance, religion, sexual orientation, age, race can be all red herrings to an adjudicator even in this day and age. Here, client should be prepared for lengthy interviews and justify that the cultural and social norms are not a hindrance to their relationship by focusing on what they have common interest.
Note: This is not a legal advice. You should seek the advice of an experienced immigration lawyer about your specific circumstances. If you have committed a crime you may seek an appointment in our office to know you options.
- 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.
- For the month ending March 31, 2018, we received approvals for four naturalization applications.
- 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.
- 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.
- 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.
- For the week ending February 9, 2018, we received approvals of one I-485, one N-400, one I-90 and one I-751.
- 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.
- On January 10, 2018, we received an approval form USCIS of a self petition for abused spouse based on same sex marriage.
- 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;
- 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).
- 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 (firstname.lastname@example.org / 1-877-456-9266)