QUESTION
Other routes after marriage case was denied citing fraudulent marriage
Asked on May 25th, 2016 on Immigration - Florida
More details to this question:
After a case is denied citing that the marriage was not legitimate, what can the illegal immigrant do to avoid being sent back to his country? His brother is a legal permanent resident, and sister in law is a US citizen. He still has a drivers license, work permit, and social security number. Can he continue to work as his case is being revised? What are his options of being able to stay in the country? He is here on a visitors visa which will expire in 2017, but has overstayed the 6 months given to him on his passport.
1 ANSWER
This individual's options are limited. He is currently in the country without authorization. His employment authorization was terminated upin denial of his green card application. His employment authorization would only continue if a motion to reopen/reconsider has been filed as to his green card application. His only option at this point is to challenge the fraud finding, if possible. A finding that an alien committed marriage fraud makes him/her ineligible to ever receive an immigrant visa regardless of who petition for him. He could potentially obtain refugee protection but only if he has a fear of persecution or torture in his country. Your brother needs to be working with an attorney. You can read more about marriage fraud at http://myattorneyusa.com/marriage-fraud.
Answered on May 26th, 2016 at 3:50 AM