23 Mar How to appeal Marriage fraud charge
Is your marriage case denied for inconsistencies during the interview, no sufficient documents submitted or some other reasons? Do not lose hope. There are many ways you can convince the government that you deserve an approval. If the reason for denial is inconsistencies during the interview, you can submit proof that the responses are consistent with respect to your case. This is called reconciliation of responses. If your case is denied because of lack of sufficient evidence, you can submit affidavits proving that your marriage is in good faith. If your case is denied because the government has been very unfair during the interview such as using threats of imprisonment or some coercive tactics during the interview, you need to seek a help from an immigration attorney to represent you on this matter because a simple mistake in analysis could be fatal. In legal language, you need to appeal on due process ground. Due process requires voluntariness in giving information of the part of the alien and the government adhering to the fair and just process in seeking responses. The Fifth Amendment to the U.S. Constitution grants aliens the right to due process.
Generally, “Immigration proceedings, although not subject to the full range of constitutional protections, must conform to the Fifth Amendment’s requirement of due process.” Salgado-Diaz v. Gonzales, 395 F.3d 1158, 1162 (9th Cir. 2005) (as amended); “A full and fair hearing is one of the due process rights afforded to aliens in deportation proceedings. … A court will grant a petition on due process grounds only if the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case.” Gutierrez v. Holder, 662 F.3d 1083, 1091 (9th Cir. 2011).
The court reviews de novo claims of due process violations. Grigoryan, 959 F.3d at 1239; Liu v. Holder, 640 F.3d 918, 930 (9th Cir. 2011) (as amended); Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir. 2006). “The BIA’s decision will be reversed on due process grounds if (1) the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case, and (2) the alien demonstrates prejudice, which means that the outcome of the proceeding may have been affected by the alleged violation.” Ibarra-Flores, 439 F.3d at 620–21.
For those of you who received a denial because your rights are violated on due process ground you need to speak to an immigration attorney to discuss your individual situation.
Note: This is not a legal advice and presented for information purposes only. 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.
- Bankruptcy will actually improve your credit within one year because your unsecured debts are discharged. Although the bankruptcy will be in your records for 10 years, not filing bankruptcy will make your credit even worse until most your debts are paid.
- If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
- Collection actions continue and you can be sued if you are in debt settlement.
- Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
1. PETITION FOR CAREGIVERS
Our Law Firm entered into agreement with nursing and care home facilities in the U.S. to process applicants for Caregivers in the US. We also process petition for caregivers from the Philippines.
2. BIG TAX REFUNDS FOR SELF-EMPLOYED
The Coronavirus Cares Act Sick and Family Leave for Self-Employed provides big tax refunds for self-employed individuals for tax years 2020 and 2021. If you have filed your tax return and failed to avail of this refund contact us for consultation. The refund ranges from $4000 to $32000 per individual self employed depending on your income.
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CLAIM FOR UNPAID WAGES
We help our clients recover from employers’ unpaid minimum wage and overtime. Undocumented workers are qualified to apply.
Our Law Firm successfully settled a car accident for $675.000.
We also handle uncontested DIVORCE.
For the month of January, 2023, we received approval from USCIS four naturalization applications, three Fiancée visa petition, two removals of condition on residence and five adjustment of status applications.
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.
Chris 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, personal injury and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with officers in Hayward and Cerritos, CA.