Legal Question in Immigration Law in Idaho

Please help me understand this finding

question regarding 130 and 485.

A year ago, My application for AOS was denied. The letter from USCIS stated: We believe petitioner failed to prove bona fide marriage. Petitioner failed to sustain claim of bona fide marriage. We believe marriage was to circumvent immigration laws. My question: Is this considered to be ''marriage fraud'' ?? hypothetical question: will this affect my new application for residency ? I have not received a notice to appear for removal proceedings. Thanks.


Asked on 5/22/09, 5:53 pm

1 Answer from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: Please help me understand this finding

Dear Inquirer:

That language indicates that the USCIS denied the I-130 on the basis of marriage fraud. You have 30 days from the date of the denial in which to file an appeal of the I-130. Under Section 204(c) a finding of marriage fraud would render you permanently barred from approval of any subsequent immigrant visa petitions.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 5/23/09, 1:52 pm


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