Case moved to fraud department

[Hypnos 6,576]

Right, but immigration courts are backlogged nationwide — usually by years. People getting NTAs today are seeing their hearings set for 2020/21/22. And the partial government shutdown, which did in fact shut down the immigration court system, only exacerbated this.

[CJlove 147]

So, she will NOT make an appeal and wait to see what happens. She still has few more years until her GC expires. 

 

Let say, she married her current BF of 2 years who is a citizen, what then..? 

[Going through 5,668]

15 minutes ago, CJlove said:

I wanted take a photo of it, but out of respect for her I didn’t. But, the proofs are pretty much dates. For an instance:

 

* Let’s say that ABC address is the address she was living with her ex-husband. 

* Dates are an estimate. I can’t remember the exact year. 

 

1. During the interview and on the application for her 10 year GC in 2013, she claimed that she was still living with her husband at ABC address. Received her 10 year GC.

 

2. In fact, 2011 she moved out of ABC address. 

 

3. During the n400 interview in 2019 (last month), she claimed that she moved out of ABC address on 2013 because she found out her husband was cheating on her. When in fact, she moved out on 2011. She lied under oath. 

 

4. She moved to Hawaii 2011. Then filed for divorce on 2013. Soon after she received her 10 year GC.

 

Does this make sense? This is just half of page. There’s 8 page more regrading dates and how her story doesn’t make sense. That is why the officer believed that the marrige was a sham. 

 

 

So then she lied under oath/on the application for the ROC and the N400, from what you've posted above?

 

 

7 minutes ago, CJlove said:

Let say, she married her current BF of 2 years who is a citizen, what then..? 

She'll face high scrutiny that the 2nd marriage wasn't just for immigration benefits as well (plus her first case being investigated for fraud).  Which sounds like it would be if she's just trying to find a way to stay in the country with a quick marriage if she received a NTA.

Edited March 14, 2019 by Going through

[Life_love 45]

On 2/19/2019 at 1:44 PM, Life_love said:

Maybe, jusst maybe (this is just a speculation, of course...as i was not there or know her intentions. I'm just going on by reading this post) she purposefully wrote the wrong date for whatever reason, and the IO asked her about it (as routine) and she stated the wrong date. But when he asked, " how come you started working on January 2012, when on the application, you wrote that you moved to Hawaii on December 2012? " she may have panicked and back peddled on her real move date stating she made a mistake. Then resorted to the i don't knows...like you mentioned.

Which in turn drew suspicion because she moved after she got her gc (that in itself wouldn't be grounds for denial or divorcing him after 2 years). But her willful misrepresentation on dates may have opened a pandora box of "what is she trying to hide"  type questions that led to denial and fraud.

 

Like i said, its only speculation and its the only way i know to wrap my head around this story. 

Lying on your n400 will result in immediate denial.....the reason to which she lied is what may have led him to move her case to fraud dept.

Based on my last post, kind of had a hunch she purposefully lied about her dates. Unfortunately, I don't have any advice or recommendation for your friend except that she needs to find an immigration lawyer that has deportation experience (because some lawyers are really just good at filing and suck at everything else).

She is already accused of fraud, marrying her boyfriend for this same purpose, in this circumstance seems like it may do more harm than good.

Right now, she should focus on building a case defending the legitimacy of her marriage. Contact her ex and gather all documentation to debase whatever evidence uscis throws at her. 
 

[Boiler 43,432]

I would think there is the added issue of Fraud which would be a criminal case outside of Immigration consequences.

[Mollie09 1,543]

"Material misrepresentation" will probably haunt her immigration forever.

[CJlove 147]

7 hours ago, Going through said:

So then she lied under oath/on the application for the ROC and the N400, from what you've posted above?

Yes...

[CJlove 147]

As of now, renewing her GC is very unlikely. Attorneys asked if she had any citizen relatives, or if she has a BF. That would best case to determine her stay, if she gets to court. 

[Boiler 43,432]

BF would make no difference.

 

As I mentioned there may be a criminal case.

 

Does make me wonder why she went for Citizenship when she could have probably got away with it by leaving things alone.

[Villanelle 4,121]

Well the attny is asking about BF because BF can easily become husband - and a husband is someone who can help her get status...

 

@CJlove I am so sorry for your friend. She had to have known though that LYING on her immigration paperwork could cause issues. I have no idea why she chose to repeatedly lie when she could have been approved for ROC being truthful. Its a very hard lesson she learned. The only thing you can do now for her is to support her emotionally. USCIS will eventually send her case to court and its going to be a very long and costly process for her. 

[nullaccount234 882]

1 hour ago, username_taken said:

I have no idea why she chose to repeatedly lie when she could have been approved for ROC being truthful. Its a very hard lesson she learned. 

This is what I was thinking as well. If they had a bonafide marriage and lived together between 2008 and 2011 she could've just divorced him and remove conditions by herself. Not knowing you can ROC by yourself is of course no excuse for lying, but it is unfortunate that it might've worked out just fine if she'd just been straight forward about the circumstances.

[Going through 5,668]

4 hours ago, CJlove said:

As of now, renewing her GC is very unlikely. Attorneys asked if she had any citizen relatives, or if she has a BF. That would best case to determine her stay, if she gets to court. 

Unfortunately it's not a fail-safe in her case....a marriage right after (or right before) possibly receiving a NTA is going to make any immigration judge worth his/her salt assume it's not bonafide either, and only for immigration benefits.  Can that assumption be overcome?  Sure, but it's likely an uphill battle given the fraud finding in her previous marriage/immigration case.

 

What is her Plan B should things not go her way?

[CJlove 147]

1 hour ago, Going through said:

What is her Plan B should things not go her way?

None yet. 

Only if she knew about visajourney back then....

[CJlove 147]

For now, she will wait to see what happens next. The letter was about N400 denial, not a revocation of her exiting GC. She already spent too much money on consulting with different lawyers from Hawaii and out of state. The best advice was to wait. 

[CJlove 147]

11 hours ago, Life_love said:

Contact her ex and gather all documentation to debase whatever evidence uscis throws at her. 

Nope! The lawyers advice NOT to contact her ex., Incase she goes to trial, the judge may find that as corroboration and if the ex chooses to, he can turn on her.