Section 204(c) of INA basically says that you cannot have a visa petition filed on your behalf approved if you previously had a visa petition filed on your behalf denied due to a finding of marriage fraud. Whether there is any hope for you depends on whether you have proof that the alleged fraudulent marriage was not fraudulent. You may have an opportunity to present evidence in your favor at a hearing on the second marriage petition. On the other hand, if you admitted the marriage was for convenience, and thus fraudulent, and you have no evidence that you were coerced into making the statement, and you have no evidence of the bona fides, then in fact you may be without hope. I urge you to consult with a competent immigration lawyer who can review all the facts of the case and maybe represent you going forward. Good luck. Michael Shane, Florida Bar Borad certified Immigration Lawyer www.shanelaw.com Ask a Lawyer Panelist since 2002.
Answered on Oct 27th, 2011 at 3:23 PM