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Forgiveness for Marriage Fraud? Maybe!

5/21/2015

19 Comments

 

BIA Decision Allows 237(a)(1)(H) Waivers for Adjustees

On May 18, 2015 the Board of Immigration Appeals issued a precedential decision in Matter of Agour, 26 I & N Dec. 655 (BIA 2015) confirming that the old waiver under INA 237(a)(1)(H) is  available for people who committed fraud to get their green card within the United States, not just those who committed fraud outside. For years, this waiver was always understood to protect those who used fraud or misrepresentation to "enter" the United States. Although the language was changed from "enter" to "admitted" in 1996, the courts refused to allow people who committed fraud by filing Form I-485 from benefiting from this waiver.

Which makes little sense. If there is a law meant to protect family unity to forgive fraud, why should it matter where the fraud occurs?

The BIA, in an unpublished decision back in 2013, had found adjustment of status constituted an "admission" for purposes of this waiver but since it was unpublished, it was not a binding decision. Not anymore.

For many people who obtained their green card via a fraudulent marriage after being admitted to the United States, say, on a visitor visa, this decision will help.

What if the person only obtained a 2-year conditional permanent resident (CPR) card? The answer is a little less clear. I do not believe a CPR card can "magically" become a permanent 10-year LPR card by applying for a 237(a)(1)(H) waiver. But it should allow a late-filed I-751 hardship waiver. Moreover, there is at least an argument that 237(a)(1)(H) waives marriage fraud such that the marriage fraud bar (under INA 204(c)) would not apply - which means that the qualifying relative in the waiver could, if a US citizen, apply to readjust the waiver applicant's status to a "fresh" green card. To read it any other way, I believe, would render the waiver meaningless as applied to CPR's - which cannot be consistent with Congressional intent. (The waiver, formerly under INA 241(f), pre-existed the CPR scheme enacted by the Immigration Marriage Fraud Amendments of 1986.) It remains to be seen how this will play out in the immigration courts.

We have litigated marriage fraud cases all the way up to the federal courts of appeal. We looked forward to the day when we would be able to tell our clients that though a mistake may have been made, there is potentially a way out. For many of our clients, that day has come.

19 Comments
Kizi games link
7/28/2015 05:08:54 am

Oil drillers should come up with a fuel made from palm oil, so that, they will avoid any kind of oil-related issues and problems besides, I think, they could still find ways on making use of the they usually use in drilling oil from underneath.

Reply
Elvis D'souza
10/6/2015 01:41:56 pm

I was indicted on a marriage fraud when I was a closeted gay man. Since then I have come out of the closet now married to a us citizen. Is there any relief available to me; I am currently on a withholding of removal status.

Reply
Hassan Ahmad (Attorney)
10/8/2015 01:09:32 pm

Elvis - please contact us privately. You can call us at 703.964.0245 or email us at [email protected].

Reply
Edgar
5/15/2017 04:06:50 am

I am pretty much the same situation as Elvis but I left the US long time ago and Got divorce from the ex. Need Help.

Winnie
4/17/2016 03:33:51 pm

Does it mean a case of marriage fraud has never been won?

Reply
Winnie
4/17/2016 03:37:41 pm

Does it mean no one has won a denial based on marriage fraud?

Reply
Hassan Ahmad link
5/6/2016 06:03:50 pm

No. They have been won. This gives us another tool to fight it under certain circumstances.

Reply
Lawrence Ankrah
5/6/2016 05:47:51 pm

hi, i have a 204c case due to my previous marriage. i am remarried with 2kids to a us citizen. is there an opportunity for my status.

Reply
Hassan Ahmad link
5/6/2016 06:04:33 pm

Mr. Ankrah - please contact us privately. Email [email protected] or call 703.964.0245. Thank you.

Reply
Jesus
2/25/2017 09:05:46 pm

I have the same issue.
How did it go?

Reply
Ama Poku
5/14/2016 07:51:43 pm

What does this really mean? So my sister has a 204c bar on her record (way back). My mother petitioned for her twice (one before the 204c bar and one after the 204c bar) but the 2nd petition was denied due to the 204c bar. USCIS lost her first petition. Will this decision apply to her case? Can she get a waiver so my mother's 2nd petition can be reopened/approved? Thanks.

Reply
Eloisa
8/12/2016 03:45:34 pm

I'm a victim of fraud marriage. He married me for convenience and green card. Then at the immigration I found those women he married, good that the application was denied. Now, I'm divorced and he left the country for good. Is there anyway I can ban him from coming in the US and victimizing other women. What legal action should I do for the damages he made?

Reply
Juan
2/19/2017 09:55:41 pm

Hello, my question is that my wife was indicted on a marriage fraud when she was young but that was 20 years ago, but she had a deportation by the court with out her present, and she when back to her country by her own so it was no deportation case, i'm an american citizen and have two kids with her and they are also us citizen but i dont know how to bring back my wife on a legal way because we are separate because of this and is so painful to be away from them and have to travel to her country to visit them, please if you can direct me o tell me what to do i will appreciate that, thanks.

Reply
Lisa A
4/7/2017 05:55:45 pm

I have some questions on this matter how do i contact someone to talk to.

Reply
David
6/5/2017 03:41:40 pm

I am married on may fifth and one month later my husband is telling me he does not want me living in his house. He is applying for citizenship based on being married and using the marriage for insurance discounts etc. I believe he has no intention of providing for me nor does he care what happens to me. I left my life and resources behind to move to la and be married to him and now I don't know what to expect. Please advise me

Reply
Gislene
10/17/2017 11:24:58 pm

at the time of the interview I was admitted .Can I have forgiveness ?
I did not know that I was committing a crime I just thought I would be deported . if I knew these laws I would not never have made this mistake , cause a friends was told me they did they got a green card 😢 I was so stupid 🤦‍♀️

Reply
CRIS
3/13/2018 08:51:03 am

HI... TO WHOM IT MAY CONCERN,,, I WAS MARRIED TO A US CITIZEN ,,,, WE LIVE IN ONE HOUSE FOR TWO YEARS WITH HIS TWO SONS... OUR MARRIED WAS REAL... BUT EVERYTIME WERE SCHEDULED FOR AN INTERVIEW HE ALWAYS ANSWER WRONG.... ALL THE QUESTION WAS SO EASY TO ANSWER BUT HE ALWAYS MESSED UP ALL THE ANSWERS,,,, WE GOT TWO INTERVIEW THAT WAS MESSED UP THEN ON OUR 3RD INTERVIEW HE GAVE A FALSE STATEMENT THAT OUR MARRIAGE WAS A SHAM..... OUR ATTY WAS ABSENT ON THAT DAY OF INTERVIEW AND I DONT HAVE ANY IDEA THAT HE WILL PUT ME TO TROUBLE... THEN AFTER THAT INTERVIEW I WENT TO WORK... THEN WHEN I CAME HOME.... HE LEFT AND ABONDONED ME.... AND I CANT FINE HIM UNTIL NOW.... SO I DIVORSED HIM AND BECAUSE OF WHAT HE DID TO ME ... MY LIFE IS MISSERABLE.... IS THERE ANYWAY I CAN FIGHT OR RE-OPEN MY CASE... NOW THAT I MARRIED TO A NEW HUSBAND AND WE LOVE EACH OTHER AND WE ARE 8 YEARS MARRIED THIS YEAR... I JUST WANNA FIX MY LIFE AND I CANT FIND MY EX-HUSBAND AFTER HE RUIN MY LIFE... CAN YOU HELP ME PLEASE... THANKS AND APPRECIATED... GODBLESS...

Reply
Shinwaltz
8/24/2018 09:03:13 pm

Cris, can you please email me? [email protected]
I would love to talk to you. We are on the same situation.

Reply
Im
1/11/2020 07:03:22 pm

I showed fake marriage now USCIS asked divorce proof

Reply

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