10 Nov 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.
BREAKING NEWS
Stampless entry at SFO. SJC and OAK ports
Effective October 1, 2022, the CBP will adopt the stampless entry on all incoming travelers. If you want a stamp on your passport you should request the CBP officer.
New Regulation will make it easier to immigrate
The Biden Administration will release a regulation by December 2022, making it easier to immigrate for people who have taken public benefits. The public charge under Trump era will be revised significantly.
N-400 Application for Naturalization
The USCIS is now giving priorities to application for naturalization . The reason is obviously to allow qualified immigrants to vote in the coming midterm and presidential election. There are cases when the waiting time is only six months compared to prior years. Pres. Biden is encouraging all qualified to file for naturalization. This is a rare opportunity that all qualified should take advantage of.
DACA reinstated
Pres. Biden reiterated to renew the DACA processing as of August 31, 2022
Arrest and removal of undocumented is now up to the discretion of ICE officer
US Supreme Court did not allow Pres. Biden to overturn the immigration policy of Trump with regards to priority in arrest and removal. With increasing migrants at the border White House is now requiring ICE to deport more migrants under political pressure. It is now a decision to be made by the ICE officer which could include arrest of anyone who is undocumented. It is time to work on your green card now.
CLAIM FOR UNPAID WAGES
We help our clients recover from employers unpaid minimum wage and overtime. Undocumented workers are qualified to apply.
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We also handle uncontested DIVORCE.
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SUCCESS STORIES
For the month of October 2022, we received approval from USCIS three naturalization applications, one Fiancée visa petition, two removals of condition on residence and three adjustment of status applications.
Note: If you have immigration problems write us a letter and we will reply to you with no initial obligation. 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. You may request a free consultation at one of our offices in Hayward or Cerritos, CA, or by phone at 1-877-456-9266. www.crispinlozanolaw.com, email at info@ccllaw.net