If I’am found guilty of marriage fraud, what next?

I have been fighting marriage fraud for several years now, during this period i have been planning in the event i am deported.I remarried and had my I-130 approved but the adjustment of status was denied until I can close the fraud case. So far i have a 50/50 chance of overcoming this hurdle. I was told by my lawyer that if we are successful i would be able to apply for citizenship. But i would like to know in the event I am not successful would i be arrested on the spot, given time to self deport or is there an appeal option.. I just want to be prepared to depart.

3 Answers

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  • Foofa
    Lv 7
    4 weeks ago

    Probably depends on where this is taking place. In some parts even judges have been known to help sneak pending deportees out of courtrooms. In other places the rule of law is still observed.

  • 1 month ago

    Lacking a number of details here, but your chances of prevailing in a marriage fraud case are probably far less than 50-50. If you remained in US after separating from first US spouse & before you had removed conditions on your conditional (temporary) green card to get the permanent (10-yr) GC, you were not legally present in US. That makes the remarriage appear to be a prima facie case of marriage fraud. Would that be your second fraudulent marriage, or the first? Any violation of fiancé/spouse visa or conditional GC reduces your chances further since your permission to stay in US granted due to marriage ended the minute the marriage ended in separation, divorce, or abandonment of the marital home.

    You must plan on returning to your country of citizenship - start making your arrangements, or better, go home so the case is dropped prior to your conviction. Conviction of such fraud not only gets you permanently barred from US, but shows up on criminal as well as immigration records, so you must expect to be ineligible for visas anywhere (countries share such info & nobody wants a lawbreaker, a fraud). Conviction of marriage fraud makes you subject to 5 years in prison plus $250,000 fine (although getting out of US immediately would probably result in suspended sentence). 

    You can arrange your new spouse's immigration to your country once you resettle in your own country. If you (or your spouse) are not willing to willing to reside together in your country as husband & wife, that's just further evidence of a fraudulent marriage - marriage for the purpose of attempting to remain in US.

    Furthermore, if you somehow managed to prevail and the case was dropped/found not guilty, you would only obtain Adjustment of Status to get a green card, not citizenship. 

  • Maxi
    Lv 7
    1 month ago

    If found guilty of marriage fraud you will be told to leave and banned and deported and banned if you don't

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