Legal Matters
By ATTY. CRISPIN CADAY LOZANO
If you were petitioned by your spouse and you received a decision from USCIS stating a finding of marriage fraud you should immediately consult an experienced immigration attorney. The Immigration and Nationality Act Sec. 204 (c) prohibits the approval of a subsequent petition if the alien committed marriage fraud in a prior petition. It also prohibits the approval of the first petition if the Attorney General determined that the marriage is a sham.
The finding of marriage fraud usually happen during the adjustment of status interview mostly in marriage cases. If there are inconsistencies in the responses of the petitioner and beneficiary to the questions raised by the USCIS officer, it will likely trigger a conclusion of marriage fraud. If you received a decision stating your marriage is primarily for the purpose of obtaining immigration benefit, then, your case is likely a marriage fraud case. The result of this decision is that even if your succeeding petition is not marriage case such as employment based or petition by your son or daughter, or parent, the petition will not be approved. There are limited remedies available but you have to act immediately as soon as you received this kind of decision.
One exception to this rule is that if the alien has already obtained an immigrant visa or already adjusted status before he or she is sent to removal proceedings. The prior finding of marriage fraud can be waived and the original entry or adjustment of status as an immigrant can be made valid once the waiver is granted. But if you have not yet received a visa or adjusted your status, then, you have a big problem.
Question: I was charged with fraudulent marriage when I applied for an immigrant visa at the U.S. Embassy in Manila as spouse of a U.S. citizen. I was denied a visa at that time. My spouse divorced me afterwards. Later on my mother petitioned me as single daughter to a lawful permanent resident. When the priority becomes current I applied for immigrant visa and I was approved. When I was applying for naturalization, the USCIS found out the marriage fraud in my record. I was denied my naturalization application and they sent me to removal proceedings. What is my relief from removal?
Answer: You are inadmissible as a Lawful Permanent Resident at the time you obtained your immigrant visa based on the petition of your mother because of the marriage fraud you initially committed. The good news is that you can request for a waiver of the fraud or misrepresentation you have committed. The requirements for this waiver are:
1. Must be the spouse, parent, son or daughter of a U. S. citizen or lawful permanent resident.
2. Was in possession of an immigrant visa or equivalent document and was otherwise admissible to the U.S. at the time of such admission except for the grounds of inadmissibility which was the result of his or her fraud or misrepresentation.
You may qualify for a waiver because you are the daughter of a U.S. citizen. At the time of your admission to the U. S. you are in possession of an immigrant visa and you are otherwise admissible except for your prior fraud or misrepresentation. The Immigration Judge has the discretion to grant a waiver in this situation. The Judge will weigh the positive factors about your case and compare them with the negative factors.
Note: This is not a legal advice.
NEWS from the PHILIPPINES
Australian daughter of Former President Marcos was removed from the show in Australian TV based on the findings that she is the daughter of former dictator who transferred millions of dollars from the Philippines together with her mother as reported in Australian newspaper.
SUCCESS STORIES
1. On March 8, 2016, we received an approval of immigrant visa for a former crewman with whom we filed for provisional waiver.
2. On February 3, 2016, we received an approval from USCIS of naturalization for client who has an approved waiver of misrepresentation.
3. On January 28, 2016, we received an approval from USCIS for an I-360 self petition for abused spouse of U.S. citizen.
4. On January 26, 2016, we received an approval from USCIS for an adjustment of status for client with big age difference with the U.S. citizen spouse based on good faith marriage.
5. On December 18, 2015, we received an approval of petition for adoption that was previously denied because client did the petition by themselves.
6. On December 11, 2015, we received an approval of DACA for a client who was in removal proceedings.
7. On December 4, 2015, we received an approval of adjustment of status for a client who has three different names.
8. On November 20, 2015, we received an approval of adjustment of status for a client who was suspected of marriage by convenience.
9. On November 4, 2015, we received an approval of immigrant visa at the U.S. Consulate for the daughter of a client who was approved under VAWA.
10. On November 3, 2015, we received an approval of immigrant visa at the U.S. Consulate in Manila for a client who entered the U.S. as a seaman.
11. On October 29, 2015, we received an approval of I-751 from the Immigration Court for a client who married a U.S. citizen but the I-751 was previously denied by USCIS.
12. On October 27, 2015, we received an approval of adjustment of status for same sex marriage spouse beneficiary.
13. On October 9, 2015, we received an approval of a waiver in Immigration Court for a client who entered as single but actually married.
14. On September 30, 2015, we received an approval from U.S. Consulate of an immigrant visa for a seaman based on approved I-601A waiver.
15. On August 27, 2015, we received an approval of naturalization for the recipient of waiver of misrepresentation we litigated in the Immigration Court.
16. We have more success stories at our website at www.crispinlozanolaw.com
Crispin Caday Lozano is an active member of the State Bar of California, the American Immigration Lawyers Association and the National Association of Consumers Bankruptcy Attorneys. He specializes in immigration law and bankruptcy law. ([email protected]gmail.com/ 1-877-456-9266)
