QUESTION

Can I be charged with immigration fraud?

Asked on Dec 03rd, 2013 on Immigration - New Jersey
More details to this question:
I was in the US on tourist visa. Had baby, was aware of pregnancy. Married child's father after 90 days. He is on government assistance. Will this make it hard to adjust status?
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6 ANSWERS

Adebola O. Asekun
Your reasons for contemplating that you might be charged with immigration fraud is unclear. Because a credible fraud charge is a strong basis to deny your adjustment of status application as well as possible entry of a removal order, it is strongly suggested that you consult in detail and in strict confidence with an immigration attorney and to whom you need to share all of the reasons for your belief in a potential immigration fraud charge.
Answered on Dec 06th, 2013 at 7:54 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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The fact that your husband is on government assistance will make your change of status extremely difficult, since he will not qualify to sponsor you since he does not have enough income for the affidavit of support. You will need a joint or co-sponsor who qualifies financially under the guidelines for the affidavit of support. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 06th, 2013 at 7:53 AM

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Immigration and Naturalization Attorney serving San Diego, CA
3 Awards
Unlikely to be charged with fraud. He will need to show the ability to support you so you won't go on public assistance in order to obtain your permanent residency.
Answered on Dec 06th, 2013 at 7:53 AM

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Where is the fraud? If you are married for the bona fide reason of being married to the man you love rather than just for a green card, there is no fraud.
Answered on Dec 06th, 2013 at 7:48 AM

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Bruce A. Coane
There may be "public charge" issues. As for fraud, that normally requires intent. If you intended to commit fraud, then there could be a problem, but, there's also a possible "fraud waiver" that's available to spouses of U.S.A citizens.
Answered on Dec 06th, 2013 at 7:24 AM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
3 Awards
The facts you have mentioned may make the case difficult but if the marriage is "bona fide" (and your husband has a joint sponsor and you can overcome the allegation of preconceived intent) then there should be hope for the case to ultimately be approved by the USCIS.
Answered on Dec 06th, 2013 at 7:22 AM

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