Is your spousal petition under investigation?,

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By Atty. Chris Caday Lozano

If you filed a petition for your spouse and the case is pending for so many months or years, chances are that the USCIS is investigating your petition.

They could also deny your petition once the evidence they gathered is unfavorable to your case.

You should receive an notice of Intent to Deny before they will deny your petition. If the petition was initially approved, you may get a Notice of Intent to Revoke the approval of your petition for reasons that they have discovered later in your case.

The best strategy is to plan to defend your case just in case any unfavorable decision is received.

If you failed to respond to the request for evidence, your case will be denied. If the proof you submitted is not sufficient to overcome their findings, they will also deny your petition.

You should consult with an Immigration Attorney who specialized in family immigration and filing appeals.

If your case is denied you can file an appeal to the BIA. Denied I-130 petition are appealed to the Board of Immigration Appeals.

There are many reasons for denial of petition.

One is inconsistencies during the interview.

Others include negative findings about the validity of the marriage.

There could be questions about good faith marriage.

The most serious findings would be marriage fraud.

In this situation, you should submit proof of good faith marriage.

If you failed to overcome the fraud charge your spouse will not be able to be approved in any petition even if it is employment based petition.

The law is specific that if there is a finding of marriage fraud, no petition will be approved. But before that happens you should be prepared to appeal your case.

We have a case that there is a finding of marriage fraud.

However, the USCIS did not follow the procedural due process during the processing of the petition and the case was ultimately approved for the second petition.

Procedural due process is a constitutional guarantee of fairness in adjudication of the petition.

Other reasons for denial of petition and adjustment of status is if you entered the United States using a different name or committed a crime.

There are a variety of immigration options you may still pursue but it is best to consult with an experienced immigration attorney.

Note: This is not a legal advice. You should consult with an immigration attorney about the specifics of your case.

Immigration News

The DHS issued a new guidelines for the arrest and deportation of undocumented immigrants. The guidelines focused on national security. crimes and border security as the government priority.

Success Stories

For the month of March 2022, we received an approval for a spousal petition that was previously denied based on the prior marriage of the beneficiary where there was a finding of marriage fraud.

We contested the findings of marriage fraud in our appeal to the BIA and was successful in convincing USCIS that my client was not afforded the Procedural due process in the denial of the prior petition.

Thus they ultimately approved the current petition.

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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 and income tax preparation since June 1999.

His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/

 

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