Can I still get a green card after an uncharged fraudulent marriage? 4 Answers as of August 07, 2012

I had a fraudulent marriage before. ICE investigated my marriage. I said my marriage was real. I did not admit that I was guilty. I withdrew my green card application and divorced. I was never charged. I was not deported. I stayed in USA peacefully. I felt the USCIS forgot me.

My question is: If I have a REAL REAL marriage now (I mean I have a kid with a US Citizen), do you think I can get a green card with my new marriage?

Thanks.

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Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
If immigration made a decision that it was a fraudulent marriage, you can never obtain immigration benefits for the rest of your life. In this case, we might need to do a motion to reopen.
Answer Applies to: California
Replied: 8/7/2012
Law Offices of Patricia M. Corrales
Law Offices of Patricia M. Corrales | Patricia M. Corrales
First, it is unfortunate that you put yourself in a situation where you entered into a fraudulent marriage in order to obtain your lawful permanent residence. Engaging in any kind of fraud is illegal and can lead to criminal charges and civil sanctions...not to mention that it is just "not the right thing to do." I hope that your previous experience particularly, coming close to getting into real immigration and criminal trouble, has made you think about the choices you make. Now, that you have a child with a USC citizen, you owe that child to be a ethical and law abiding father. That said, if there were never criminal charges filed against you for the fraudulent marriage and there were no specific immigration finding that you engaged in fraud by entering into a fraudulent marriage to obtain the benefit of your permanent residence then you can try to adjust your status through your USC spouse. Your USC spouse would have to file a family based petition (I-130) to immigrate you. Once the visa is approved then you would have to file the remaining applications to adjust your status to that of a lawful permanent resident. Depending on how you initially entered the United States, you may or may not be able to adjust your status in the U.S. Given your past immigration history, I strongly urge you to speak with an immigration attorney to obtain further guidance. My response is limited by the few facts you provided so if there are additional factors that I am not aware of, my advise may change. Thank you.
Answer Applies to: California
Replied: 7/20/2012
Law Offices of Wanseuk Oh, PLC.
Law Offices of Wanseuk Oh, PLC. | Wanseuk Oh
USCIS will ask you whether you married before and you applied green card before at your interview. However, you have no record of fraudulent marriage. You have to explain why you withdrew the green card application before. If you have reasonable ground for withdrawal, you now may apply green card through US citizen.
Answer Applies to: California
Replied: 7/20/2012
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Maybe. It depends on what is contained in your immigration file. The very first thing we need to do is to request a copy of your file under the Freedom of Information Act. If there are no allegations of marriage fraud in the file, then we can just resubmit your application for adjustment of status. If there was a finding of marriage fraud when USCIS made a decision on your case, you will probably need to submit a waiver on form I-601 also.
Answer Applies to: Texas
Replied: 7/20/2012
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