Can I file for an adjustment on my visa? 5 Answers as of August 23, 2011

What happens if my first marriage was labeled a sham and I am on the deportation list. Now I am re-married for 9 yrs to a citizen and have a 9yr old and 24yr who are both citizens. However, my visa was stolen so there is no proof of me entering the US. Can I file for an adjustment?

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If your first marriage was found to be fraudulent, you will never be able to adjust. But there may be ways to rebut that finding. You definitely need a good immigration attorney.
Answer Applies to: Nevada
Replied: 8/23/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hello. You can file for a Freedom of Information Act (FOIA) request to get a copy of your entry. I do not understand your "deportation list" statement. If you have a Removal case and skipped it, then yes, you will have a problem adjusting under a new marriage.
Answer Applies to: California
Replied: 8/3/2011
Hans Burgos, P.A., Immigration Law Offices
Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
Immigration laws (section 204(c) of the INA) prohibit the approval of a Petition for Relative (Form I-130) filed on behalf of a foreign national who has attempted to enter into a sham marriage for the purpose of evading immigration laws.
Answer Applies to: Florida
Replied: 8/3/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
If you entered the US legally you should be able to get record from CBP. Your main problem though, is that if the CIS believes that your prior marriage with a US citizen was entered into forimmigration purpose, you will be barred forever to receiveimmigrant visa approval. Your spouse can file I-130 for you but if CIS alleges prior marriage fraud, your spouse must effectively rebut the allegation of marriagefraud. Please retain counselto represent you in these proceedings.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You need to hire an attorney to reopen your case because the sham marriage is a hard thing to get over. You are welcome to contact us.
Answer Applies to: Florida
Replied: 8/3/2011
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