23 Apr How do USCIS investigates Marriage Fraud?

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 12, 2019, we received approval from USCIS for two naturalization applications and one adjustment of status.
2. On March 29, 2019, we received an approval of adjustment of status for a client whose petitioner and primary beneficiary has died under INA 204(l)
3. On March 28, 2019, we received an approval of renewal of green card for a client who was in the Philippines under medical treatment for one and a half years.
4. From March 4 to 26, 2019, we received six adjustment of status approvals.
5. For the month of February, 2019, we received tow approvals of renewal of green card and one approval of removal of condition on residence.
6. On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
7. On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.
8. On December 6, 2018, we received an approval from Immigration Judge an adjustment of status for a client in removal proceedings.
9. 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.
10. 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.
11. For the month of December 2018, we received approvals of I-751 for three clients.
12. For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
13. 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.
14. On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
15. For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
16. On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.

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: info@ccllaw.net