01 Sep How USCIS investigates marriage fraud applicants
By Atty. Chris Caday Lozano
Pres. Biden reiterated to renew the DACA processing as of August 31, 2022
Petition for Caregivers
The priority date for “Other workers” for Final Action date is May 8, 2019, which is about 3 years waiting for the visa. The priority date for Date of Filing of Adjustment of Status for those in the U.S. is now current. This means that when the petition is approved an adjustment of status can be filed. This process is good for those who need caregivers
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.
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.
How USCIS investigates marriage fraud
Marriage fraud is a major part of USCIS investigations because they believe that marriage is a fast way to get a green card. 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, and 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 is 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.
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For the month of July 2022, we received approvals from USCIS five naturalization applications, two Fiancée visa petition, four removals of condition on residence and four 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.
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 and income tax preparation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/