Case moved to fraud department

[CJlove 147]

Will new president have any affect on immigration policy? I mean, will she have a better chance? Just wondering..

 

she still has 4 years until her GC expires. 

Edited March 15, 2019 by CJlove

[Boiler 45,913]

Just now, CJlove said:

Will new president have any affect on immigration policy? I mean, will she have a better chance? Just wondering..

Not sure they will sit on it for 6 years.

[geowrian 22,338]

18 minutes ago, CJlove said:

What is NTA..? 

Notice to Appear (for immigration court)

 

I concur - Biden likely won't be able to impact this either. Who knows what will happen after him.

[CJlove 147]

I will update when she receives any further notice. 

 

I think for the time being, the BF may marry her...? 

[Boiler 45,913]

Is the BF OK moving?

[CJlove 147]

1 minute ago, Boiler said:

Is the BF OK moving?

I don't think the intention is to move. It is the opposite. He wants her to stay. 

[Boiler 45,913]

Yes but he needs to assume that might not happen.

[CJlove 147]

5 minutes ago, Boiler said:

Yes but he needs to assume that might not happen.

True... 

[Going through 5,671]

8 hours ago, CJlove said:

What is NTA..? 

Notice to Appear in immigration court, if that happens at a later date (this is where she would present her case against being removed from the country/her LPR status being revoked).

 

7 hours ago, CJlove said:

I will update when she receives any further notice. 

 

I think for the time being, the BF may marry her...? 

She's free to marry whomever she chooses.  Being able to live with her new spouse in the USA is another matter entirely, though.  

 

 

[Unlockable 7,315]

 

Quote

What is her Plan B should things not go her way?

15 hours ago, CJlove said:

None yet. 

Only if she knew about visajourney back then....

And that is another big mistake she is making.... not having a back up plan nor preparing to leave just in case. She should be prepared for the worse so it doesn't totally devastate her if it happens.

 

As a friend you should help her with this realization.

Edited March 15, 2019 by Unlockable

[Going through 5,671]

 

1 hour ago, Unlockable said:

And that is another big mistake she is making.... not having a back up plan nor preparing to leave just in case. She should be prepared for the worse so it doesn't totally devastate her if it happens.

 

As a friend you should help her with this realization.

I agree with the above.

 

Her other mistake is her thinking that marriage to a new USC is going to automatically save her from any consequences.

[CJlove 147]

1 hour ago, Going through said:

 

I agree with the above.

 

Her other mistake is her thinking that marriage to a new USC is going to automatically save her from any consequences.

Right now, this is what the attorney advised. This is the best chance she has. What other choice does she have...? Please, if you have one, let me know. (Sincerely asking) 😩

[Going through 5,671]

3 hours ago, CJlove said:

Right now, this is what the attorney advised. This is the best chance she has. What other choice does she have...? Please, if you have one, let me know. (Sincerely asking) 😩

What would the attorney have advised had she not already had a boyfriend, I wonder?  Just find someone..anyone...to marry?

 

I would question the reputation/rating of any attorney advising someone to enter a second marriage for immigration benefits, especially when the first one was already deemed fraudulent by USCIS, and that she stayed in it only for immigration benefits, but that's just me.  

 

Let's say her GC ends up getting revoked.  The moment she files for any immigration benefit with the new spouse it is going to be (justifiably) highly scrutinized.  More than the normal type of scrutiny one would expect to receive.

 

Hope for the best, expect the worst...she needs to realize that she may not be able to live in the US with the boyfriend/husband, and come up with an alternative solution should that happen.

 

 

 

 

 

 

 

 

 

 

[geowrian 22,338]

Who knows what the attorney would have suggested if there was not a boyfriend in the picture. But there is, and the OP can marry if they want.

That said, this is more than just a misrepresentation issue - that could be overcome. This is both a potentially criminal one as well as a "sham marriage" one. Getting any marriage-based immigration benefits with a new spouse when they believe you had a sham marriage to do so in the past is an extremely uphill battle.

My guess is the attorney is hoping to be able to delay any removal on hardship grounds + possibly filing via the new spouse and waiting for that to be adjudicated.

 

Either way, not much to do unless/until they decide to try to revoke status.

[CJlove 147]

Today on text she wrote,

 

”I talked to another lawyer in ny. He said this is very bad what he wrote. Basically, right after 30day period they are going to send my case to ICE.” 

 

Can they do that?