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This page deals with some general practical issues in the procedure for obtain a getting a marriage visas/green card
As a Marriage Visa Immigration lawyer if I have the slightest doubt that a marriage is genuine, I will not represent the parties. I will not jeopardize my license to practice law for the fee for a fraudulent immigration visa marriage. Furthermore, I have maintained an excellent relationship with the USCIS and my reputation for integrity is more important than a few dollars for a fraud.
It is far more difficult to get away with a fraudulent marriage for a green card now than it was years ago. When I first started practicing immigration law, some “spouses” would be called in for an interview and gave great performances of the undying love for each other in the presence of the immigration officer.
After the interview, they went their separate ways. There was no “conditional residence for 2 years,” when the immigration Service would revisit their case as they do today. In the old times a person got a Marriage immigration green card after the interview. Three years later they applied for citizenship and that was that.
While I understand that some people are desperate to get permanent residence and the only way that seems open to them is a fraudulent marriage, I strongly advise people not to do it. Rather wait until you find your soul mate and then apply for the marriage immigration visa.
Today it is very difficult to document a two- year relationship of commingling money and filing joint tax returns. There is also the danger that the American citizen will get a job or business opportunity in another city or the great friendship falls apart.
Even if you and your fraudulent spouse manage to document the relationship there is always the danger that a suspicious immigration officer insists on separating you two and having separate interviews. Take it from me, you do not know everything about each other. There will be a couple of semi-slip ups and then comes the strong arm of the law: The Immigration Officer will in a very caring voice explain to the U.S Citizen that he/she understands that the citizen cares deeply about their “partner,” but if it is proven that the marriage is a fraud to obtain a marriage immigration Visa, the U.S. citizen, may go to prison for 5 years. but if the U.S citizen admits to the fraud for a green card, then he/she will go free. The immigrant will be deported. I ask you Is a U.S citizen going to continue with the fraud and risk going to prison? I don’t think so!
United States Court of Appeals for the first Circuit on April 14, 2023 held that, considering the totality of the record, substantial evidence supported the IJ’s and BIA’s conclusion that the petitioner had not entered into his marriage in good faith, where his former wife could not recount basic facts about the marriage, there was evidence she was living with another man with whom she had a child while married to the petitioner, and the evidence showed there was a severely limited commingling of assets and a dubious commitment to the marriage by both parties. Accordingly, the court upheld the BIA’s determination that the petitioner was ineligible for discretionary relief, because he had failed to establish the bona fides of his marriage. (Alzaben v. Garland, 4/14/23)\
Note this case went all the way to the US Court of Appeals. After it was denied by the immigration officer, the Immigration Judge denied the case. It then went up to the Board of Immigration Appeals who denied the case and eventually the U.S Court of Appeals for the first Circuit denied the case. Their last chance is the U.S Supreme Court and as an attorney, who is admitted to practice before the U.S. Supreme Court, that court will not be prepared to hear this case. It is over!
While I mentioned that there is a great danger that a fraudulent marriage will be discovered, because of the interviews, the USCIS will waive the requirement for an interview if there is ample proof that the parties have a genuine marriage from the documents filed with the petition
The USCIS has informed The American Immigration Lawyers Association (I have been a member since 1984) of expansion of potential interview waivers for family-based adjustment to include marriage-based petitions and encourages applicants to include, with the initial filing, the required Form I-693. AILA also recommends providing with the initial filing sufficient evidence of the bona fides of the marriage to avoid the need of potential RFEs for those documents.
The USCIS cannot provide the exact methods in determining which cases warrant waiver of interviews. This will be determined on a case- by- case basis.
In the past we did not file proof of a genuine marriage, when we filed the Petition and the Adjustment of Status documents. We brought these documents the interview.
The USCIS obviously now wants to shorten the wait for an interview and the granting of Marriage Immigration Visas.
I am now filing proof of a genuine marriage with the petition and adjustment documents. I have a checklist of documents that the parties may have to prove a genuine marriage. It is comprehensive and covers all aspects of
The Wait for Marriage Visas will Get Shorter for Marriage immigration Visas as people become familiar with the evidence that the USCIS considers compelling in these cases.
My husband and I hired Leon Snaid to represent me for my Green Card last year in Nov. I am a Canadian Citizen and needed to legalize my stay in USA by applying for Green Card.
He explained the law in very easy to understand language to us and that gave us much more confidence and we felt less frustrated about the all procedure. He always returned our phone calls promptly.
My interview with immigration officer was scheduled for April 15th which was very close to my due date to give birth – April. 5th so we needed to reschedule a new date. Leon did take care of that matter. There were NO unexpected legal fees during the all process.
Everything went off as he explained to us it would.
We felt safe having him represent us and would highly recommend his services to people we know!
Ekaterina and Richard Morrissey
Leon Snaid assisted with the compilation and filing of my green card visa petition after marriage. Leon provides an efficient, thorough and economical service. He is highly knowledgeable in the area of immigration law and explained each step in easy to understand terms.
I would be delighted to recommend his service to anyone seeking help with U.S. immigration.
Aonghus Magennis
Ireland now San Diego
We are thrilled with how Leon Snaid handled our immigration case. Leon is polite, professional, prompt, and extremely effective. It put my wife and me at ease knowing Leon was helping us. His knowledge of the law and ability to achieve our goals were flawless. He always has treated us with the utmost dignity and respect, keeping us up to date on our case frequently. Leon is flexible, patient, personable, and refreshingly straightforward and honest. When we moved from San Diego to Connecticut in the middle of our case, Leon was not thrown off at all. In spite of suddenly being 3,000 miles away, Leon carried our case out successfully and without a hitch. We never for one moment doubted his sincerity or ability to walk us through this thorny process, even if we could not meet face to face. Using the phone, email, and the regular mail system, Leon was able to complete all the paperwork with no difficulty at all despite the distance. Thank you so much, Leon ! We will always be grateful to you. If you have an immigration case, we wholeheartedly and without any doubt recommend you contact Leon Snaid immediately.
Brett Joly and M. Teresa Diaz-Faes
Connecticut
