U.S. immigration law is harsh on applicants who lie about their plans to marry in order to get a U.S. green card.
Marital for the sole aim of obtaining a U.S. green card (lawful permanent residency) is deemed marriage fraud by U.S. immigration officials. And the consequences may be far-reaching, as seen by these Q&As.
Can I receive a green card in the United States after committing marriage fraud?
I am living in the United States without immigration documents as a result of a visa overstay. I married a citizen of the United States. I hadn’t informed her I was already married when she submitted the immigration application for me. As a result, we were charged with marriage fraud. I believe I was meant to appear in court, but I relocated to another state. Someone now wants to give me a job and sponsor my immigration. How serious will my previous marriage fraud be?
Answer: Previous marriage fraud renders one ineligible, among other issues.
Actually, you have numerous issues, which are as follows:
Marriage deception. After a previous false marriage, a person cannot have a fresh visa petition granted in the United States. (See Immigration and Nationality Act (I.N.A.) 204(b).) It makes no difference if your visa petition is now employment-based, marriage-based, or anything else.
Fraud and ineligibility A second part of the immigration rules renders anybody who has committed any kind of visa or green card fraud “inadmissible,” that is, ineligible for a visa or green card or other U.S. entrance or admission. (See I.N.A. 212(a)(6)(C)(i) for further information.) If you can demonstrate great hardship to your U.S. citizen or permanent resident spouse or parent, you may be eligible for a waiver.
Previous deportation procedures If you were expected to attend an immigration court hearing and did not show up, the judge should have issued an in absentia order of removal in your case. In other words, you should have left the United States a long time ago. You may be picked up and deported at any moment if you have an outstanding order of removal, even if you file an immigration application.
Set up an appointment with a U.S. immigration attorney to obtain a comprehensive review of your position and to learn what options are available to you.
Can a conditional resident be deported for marriage fraud before the two-year period is up?
My marriage has failed after just six months of conditional residency. Whether the Immigration officials investigate attentively, I’m not sure if they’ll term it a true marriage. We were dating but not exclusively before we married. Only after my visa expired and it seemed that I might have to leave the country did my soon-to-be ex-wife agree to marry me in order to keep me here. (Of course, we didn’t inform the officer who interrogated us.)
Am I safe from deportation until the two-year deadline for filing the I-751 to transition from conditional to permanent residence arrives?
Answer: US immigration officials have the authority to deport conditional residents.
Technically, U.S. immigration authorities have the authority to revoke someone’s conditional residence status and deport (remove) them at any time if they determine that the qualifying marriage “was entered into for the purpose of procuring an alien’s admission as an immigrant” or “has been judicially annulled and terminated, other than through the death of a spouse.” (See I.N.A. 216(b) of the Immigration and Nationality Act.)
Either of these seems like it may be applicable to your circumstance. However, whether US immigration agents will apprehend you is another issue. They are notoriously under-resourced and are undoubtedly aware that if you fail to submit an I-751 or file one that cannot be authorized, they will have another opportunity to catch up with you.
If you get notice that Immigration and Customs Enforcement (ICE) intends to deport you, you should request a hearing in immigration court. Also, contact an expert immigration attorney straight soon.
Will my previous marriage fraud jeopardize my prospects of obtaining asylum?
My application for a green card based on my marriage to a US citizen was refused because my spouse informed an immigration official that he only married me because I paid him. I’ve been summoned to immigration court. I’d want to seek for asylum since my nation is in the grip of civil war and I’m frightened to return. Will the court dismiss my asylum application after discovering my marital fraud?
Answer: Past marriage fraud is not a bar to asylum, but it does harm one’s credibility and the judge’s judgment.
Possibly, but not always. If you are refused asylum because you committed marriage fraud, it will be for one of the two grounds listed below.
The first reason is that marriage fraud harms your credibility. One of the most crucial aspects of asylum proceedings is credibility, which helps establish if the tale that asylum petitioners tell about their persecution and anxieties is real. Because of your marital fraud, the court may assume that you have a tendency to lie.
The second reason the court may dismiss your asylum application is because marital fraud casts doubt on whether you need the United States government’s assistance in the first place (even assuming that you have a well-founded fear of persecution). Immigration courts have considerable latitude (“discretion”) in denying asylum claims based on negative grounds (such as marriage fraud).
Unless you can contradict the conclusion that you committed marital fraud, attempt to provide proof of elements that cast you in a favorable light (your positive community involvement and so on). If at all possible, attempt to persuade the court that the persecution you would face if you returned to your native country would be severe enough to warrant ignoring all unfavorable circumstances in your case.
Also, since you are seeking asylum (rather than refugee status from outside the United States), your marriage fraud will not be deemed a basis of inadmissibility in any other manner, which means you will not be required to submit a formal plea for pardon (by applying for a waiver). If you are awarded asylum, however, you should be prepared to confront this problem again if and when you apply for a green card. Hire an attorney to assist you with this difficult procedure.