A finding of marriage fraud is one of the worst things that can happen to a would-be green card applicant. Under section 204(c) of the Immigration and Nationality Act, USCIS will not approve a petition for an alien who obtain or tried to obtain residency through a marriage that was "entered into for the purpose of evading immigration laws" or even one who "attempted or conspired to enter into a marriage" for such purpose. Note that just the mere act of entering into the marriage creates the bar, even if no application is made! Also note that the bar is against all family-based petitions, not just those based on marriage. That means, for example, that an adult son would be barred from petitioning his father if the father has a previous finding of marriage fraud.
Not all hope is lost, however. First, this bar only applies where a specific finding of fraud has been made. Sometimes USCIS expresses that it will deny a petition because it isn't convinced about the marriage but stops short of expressly stating that it finds fraud to have occurred.
Secondly, the law requires USCIS to at least accept future applications and look at the fraud question afresh each time. In other words, they cannot simply point to the past finding of fraud and deny the new petition. The new officer has to make his or her own finding of fraud -- although that is very often just what they do.
Finally, there is a waiver available under section 237(a)(1)(H) of the Immigration and INA that can preserve an already granted green card despite the fraud, though this is difficult to win and can only be sought by someone who is already in removal proceedings.
It should go without saying that anyone with a marriage fraud finding needs the immediate help of an experienced immigration attorney before any steps are taken to preserve, replace, or obtain their green card.
Not all hope is lost, however. First, this bar only applies where a specific finding of fraud has been made. Sometimes USCIS expresses that it will deny a petition because it isn't convinced about the marriage but stops short of expressly stating that it finds fraud to have occurred.
Secondly, the law requires USCIS to at least accept future applications and look at the fraud question afresh each time. In other words, they cannot simply point to the past finding of fraud and deny the new petition. The new officer has to make his or her own finding of fraud -- although that is very often just what they do.
Finally, there is a waiver available under section 237(a)(1)(H) of the Immigration and INA that can preserve an already granted green card despite the fraud, though this is difficult to win and can only be sought by someone who is already in removal proceedings.
It should go without saying that anyone with a marriage fraud finding needs the immediate help of an experienced immigration attorney before any steps are taken to preserve, replace, or obtain their green card.
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