QUESTION
Can I file for an adjustment on my visa?
Asked on Jul 22nd, 2011 on Immigration - California
More details to this question:
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?
4 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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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.
Answered on Aug 23rd, 2011 at 12:07 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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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.
Answered on Aug 03rd, 2011 at 12:40 PM
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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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.
Answered on Aug 03rd, 2011 at 12:39 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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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.
Answered on Aug 03rd, 2011 at 9:33 AM