Legal Question in Immigration Law in California

Possible fruad

I have this immigration issue in where I was divorced due to a marriage abondoment upon recieving her 2yr green card. While in the process of our divorce it appears that there was documentation to repeal this 2yr immigration restiction without my approval or consent. I tried reporting this to authorities, but I need to obtain the immigration documents which approved this 2yr green card restriction in order to place a fraudulant approval. Who or where can I contact (immigration?) to obtain these documents which lifted her (exspouse) 2yr. green card restriction removal? In addition, as a petitioner (victim) do I have a say so on the status of our marriage prior to an approval. The court granted me the divorce due to her premeditated marriage intention (green card), (there was no marriage abuse) therefore, how can INS approve a process without the petitioner input. I truly need access to the possible transcation paper which removed her 2yr. green card restriction.

thank you


Asked on 4/17/09, 8:01 pm

2 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Possible fruad

Dear Sir:

Thank you for your inquiry.

The answer to you question depends on the timing of the approval of the two-year Conditional Green Card. If the green card was approved while you were still married, the approval is valid. Although the basic requirement is that you and your wife jointly file a petition to remove the conditions on her residence during the last 90 days of the two-year period; she could apply for a waiver of that requirement on her own. The USCIS could approve her permanent green card as long as she established that she had entered the marriage in good faith, that she had been abused, or that she would suffer extreme hardship if deported.

If there was fraud in her application or it was mistakenly approved, then the USCIS could attempt to rescind the approval of her green card, once they have information bearing on any fraud in the application(s).

Regards,

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Answered on 4/17/09, 8:37 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Possible fruad

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.

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Answered on 4/22/09, 2:26 pm


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