What are my chances of citizenship after a previous marriage was considered fraudulent? 10 Answers as of September 02, 2011

I have an NTA for denied I-751.immigration had blamed my previous marriage is shamed or fraudulent marriage due to short marriage life and very limited evidence to prove it to be bonafied. I came to USA on CR1 and living here and paying all taxes from more than 4 years. If I get married to a USA Citizen which is a bonafied marriage what are my chances? During all this procedure I can work legally as of now.

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You would still need to prove that your first marriage was a valid one. If you are unable to do so, that will be on your file the entire time and it will be a permanent bar if found to be a fraudulent marriage. If you have a NTA issued because of the denied I-751 then you should go to court and prove your first marriage. New marriage, however bona fide, will not help you
Answer Applies to: Nevada
Replied: 9/2/2011
All American Immigration
All American Immigration | Tom Youngjohn
If you have a good but experienced deportation attorney, who wins more than 50% of her deportation cases, I would guess that your chances of winning your case in front of the immigration judge are pretty good. Get a second opinion.
Answer Applies to: Washington
Replied: 8/31/2011
Fong & Associates
Fong & Associates | William D. Fong
You are in deportation proceedings based on a finding of marriage fraud. Did you appeal the finding? If you did, then you should file the new I-130 and start to gather evidence of the bona fides of the first marriage as you need to overcome that determination.
Answer Applies to: Texas
Replied: 8/31/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
You remain a permanent resident until a final finding by an immigration judge that you have lost your permanent resident status. As such, you can continue to work in the United States. In removal proceedings, the government has the burden of demonstrating that the denial of your 751 was proper and that, in fact, you did enter into a sham marriage. You have the right to present countervailing evidence demonstrating the bona fides of your marriage. If the judge finds that the 751 should have been approved, the condition on your lawful permanent residence will be removed and you will be granted a regular 10 year lawful permanent resident card. You would then still be eligible for citizenship. If the judge agrees with the government and finds that the 751 was properly denied, your resident status will be terminated and you could be ordered deported. Normally, you are not allowed to obtain permanent residence based on any other relationship besides the relationship that formed the basis of the conditional status. However, if USCIS terminates your conditional status, there is case law that says you may proceed to adjust status based on a subsequent marriage. Of course, the burden will be very high to show that such a marriage is legitimate. If you would like more information, please make an appointment for a consultation with one of our attorneys. We look forward to assisting you.
Answer Applies to: Colorado
Replied: 8/31/2011
Reza Athari & Associates, PLLC | Gregory Stark
I would need more detail on if and why the marriage was found to be fraudulent and a sham. If its minor, and you have a true and valid marriage, there is still the possibility of adjusting status through your new spouse. We need details however.
Answer Applies to: Nevada
Replied: 8/31/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You will not be able to obtain permanent resident status through a new marriage if your previous marriage was determined fraudulent. The finding bars you from getting any status. Since you are in proceedings, you should renew your I-751 in court and let the judge make a determination about the bona fides of your marriage. If the I-751 is granted in court, you will get permanent residence.
    Answer Applies to: California
    Replied: 8/31/2011
    Hans Burgos, P.A., Immigration Law Offices
    Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
    You can have your I-751 reviewed by an Immigration Judge in removal proceedings. Contact an immigration attorney as you will need legal representation.
    Answer Applies to: Florida
    Replied: 8/31/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The answer to your question is it depends. If you are found to have engaged in a sham marriage or marriage fraud, you will be permanently barred from all relief in the United States with the exception of relief under the Convention Against Torture. It is very important that you retain an experienced attorney to fight the allegations on your behalf, if possible. Please note that even if there is no formal finding the marriage was a sham, your next marriage will likely be subjected to additional scrutiny. The mere fact that you have been here for 4years and paid taxes will be insufficient to obtain relief.
    Answer Applies to: New York
    Replied: 8/31/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    I am a bit confused. If you entered as a CR1, conditional residence, then you are here legally. If you meant you previously entered under a CR1 but had your conditional residence (I751) denied, then you will have difficulties with a citizenship. You must 1st overcome the Fraud charge in order to reach you IR (immediate relative ) status. And only then would citizenship be appropriate. Contact an attorney as you may have a right to rebut the fraud charge.
    Answer Applies to: Florida
    Replied: 8/31/2011
    Law Office of Ruby L. Powers | Ruby L. Powers
    Once immigration has made a finding of marriage fraud on your part, you can never qualify for a future benefit until you have answered immigration and overcome their finding of fraud. In court, you could try to adjust status through your new potential US spouse BUT 1. You will have to overcome the prior finding of fraud and 2. There will be a higher level of scrutiny of your marriage since you were married to a US citizen after you were placed in immigration proceedings. You need to consult with an immigration attorney will family-based immigration and removal defense experience.
    Answer Applies to: Texas
    Replied: 8/31/2011
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