Penalties for immigration related marriage fraud
A California deportation lawyer will be an absolute necessity if you have been charged with marriage fraud.
The California deportation lawyer will explain to you that once you have been ruled to have committed marriage fraud, that you will be barred for the rest of your life from ever obtaining immigration benefits.
In fact, Brian D. Lerner, California deportation lawyer, states that he has had several cases whereby the client was happily married and had several U.S. children, but could not adjust status or get the Green Card due to an earlier ruling of marriage fraud.
In those cases, explains Brian Lerner, California deportation lawyer, it is necessary to make a Motion to Reopen to get back into the marriage fraud case in order to try to show that there was no marriage fraud.
Unfortunately in some cases, explains the California deportation lawyer, it is over zealous immigration officials that wrongfully make the ruling.
Brian Lerner has been told about some cases where the officials will do many interviews and site inspections and see little things like a missing toothbrush or something similar and immediately jump to the conclusion that there is marriage fraud.
Alternatively, explains the California deportation lawyer, sometimes the immigration officials will intimidate the U.S. Citizen spouse to sign a statement which was prepared by the Immigration official that the marriage was not real and that it was entered into for the purposes of trying to get the Green Card.
The California deportation lawyer explains that it is always possible to try to show that the the reason for signing the statement or the fact that no marriage fraud may have been committed can always be proven.
Brian D. Lerner, California deportation lawyer explains there are sometimes very valid reasons why people do not live together, or explanations of why there might have been inconsistencies in the stories of vacation time or how they met or how their courtship went during the pre-marriage period.
Sometimes, explains California deportation lawyer, the Immigration Court might rule that there was marriage fraud, or an appeal to the Board of Immigration Appeals might make such a ruling.
In either case, it is necessary to make the motion to reopen to those entities and not try to simply file a new marriage petition.
It does not matter, explains the California deportation lawyer how in love you are with your current spouse or that you have 10 U.S. Citizen children, a good job and 50 letters of reference.
It all comes down to proving that you did not commit marriage fraud in the first place.
The California deportation attorney explains that marriage fraud is when you marry for the sole purpose to get the Green Card and that the marriage is not bona-fide.
A bona-fide marriage explains Brian D. Lerner, California deportation lawyer is when it is a real and true marriage and that it is love that drives the people to get married, not the fact that one is to get the Green Card. Obviously, getting lawful permanent residency is a factor in getting the Green Card explains the deportation attorney, but that should not be the only or over riding factor.
What are some of the ‘red flags’ asks Brian D. Lerner, California deportation lawyer in making U.S. Immigration think that there is a possible marriage fraud.
One item is knowing your spouse for a very little time before getting married.
Another item as elaborated by the California deportation lawyer is living apart or in separate States.
Yet another explains Brian D. Lerner, California deportation lawyer is that there is a very large age difference between the spouses.
There is also the fact that sometimes there are no joint documents, bank accounts, insurance policies or any other form of joint proof that the people intended to get married.
Sometimes explains the California deportation lawyer, the fact that you have kids and have been married for sometime will still not erase the possibility of marriage fraud if it was originally entered into with that purpose and later you fell in love.
Thus it is critical that you find a good California deportation lawyer to fight your case.
There is no stronger punishment under immigration law than to be barred for the rest of your life from any immigration benefit in U.S.
The California deportation lawyer states it is possible to file the new adjustment of status with an explanation of why marriage fraud was committed, but it is much stronger to try to do the Motion to Reopen to the entity that made that ruling.
This can be done , even if the ruling of marriage fraud was done many years ago.
The California deportation lawyer even states that he can file the motion even if you are outside the United States and have been barred from coming back into the U.S. due to the ruling of marriage fraud.
There are both legal and factual ways of fighting the marriage fraud allegation.
However, Brian Lerner states that there are those people who will pay somebody money to marry them in order to get the Green Card.
They think this is the better way, but in fact, it only leads to trouble.
Either way, you should do your homework and find an experienced and respected California deportation lawyer to help you.