Marriage On Green Card Holder

Address denied based on petitioner’s above-mentioned anchored alliance

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Many bodies accept that already they access a blooming agenda through marriage, they are “home free” as far as their acknowledged cachet is concerned. They are now blooming agenda holders. They can get divorced, remarry, book a address for their new spouse, seek naturalization, etc.

 Imagine a blooming agenda holder’s abruptness aback USCIS “reopened” his file, dug into his past, and assured he acquired his blooming agenda through a anchored marriage.  This may be a assurance of things to appear beneath Trump, area a person’s clearing cachet and book (whether blooming agenda holder or US citizen) could be reopened, re-examined, and revoked.

In that case, a Filipino affiliated a US aborigine and acquired allowable abiding abode through her address in 2013. The brace after afar in 2015, and he affiliated addition woman in 2016. He again petitioned his additional wife in the F-2A class as the apron of a allowable abiding resident. Unfortunately, USCIS denied the address based on the petitioner’s above-mentioned “fixed marriage” with his aboriginal wife.

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What was absorbing in the abnegation was USCIS assured that the appellant had “submitted acceptable affirmation that accustomed a bona fide relationship” amid himself and his new wife. However, the botheration was he “did not authorize by bright and acceptable evidence” that his alliance to his US aborigine aboriginal wife was bona fide. In added words, alike admitting he had a blooming agenda for several years, and, in acknowledging the blooming card, USCIS was annoyed his aboriginal alliance was bona fide, USCIS reopened HIS acclimation case as allotment of processing his address for his additional wife, and assured his aboriginal alliance was fixed.

USCIS acclaimed that “little affirmation was submitted to authorize the claimed relationship.” In added words, he allegedly did not accommodate acceptable affidavit apropos the bona fides of his aboriginal marriage. If that were the case, why did USCIS accept the case in the aboriginal place? Why was the affidavit and affirmation acceptable aback it was originally submitted, but now, years later, USCIS said it was not?

The Abnegation acclaimed that alike admitting he had submitted evidence/proof of collective abstracts in affiliation with his aboriginal marriage, including collective tax returns, collective account bills, collective coffer statements, dozens of pictures, etc., this evidence/documentation now did “not reflect an advancing accord existed alfresco of the documentation.” The Decision assured that because the actuality did not authorize by bright and acceptable affirmation that he had a bona fide alliance with his aboriginal wife, or that he and his aboriginal wife aggregate the emotional, bread-and-butter or calm bonds commonly associated with marriage, his accepted address for his additional wife was actuality denied.

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What can additionally appear is he could now be placed in deportation/removal proceedings, with USCIS attempting to abjure his blooming agenda on the base it was acquired “unlawfully” through a anchored marriage.

Given this new era of Trump’s austere clearing enforcement, including activity aback and reopening a person’s old clearing file, bodies should accede gluttonous the admonition and representation of attorneys, rather than aggravating to do it themselves. In the past, it may accept been advised a almost simple case of a apron petitioning a spouse. Who would accept thought, that a actuality who was already accepted a blooming agenda because the affirmation was acceptable at that time, that USCIS would booty a “second look” and actuate the antecedent affirmation is now insufficient, and the actuality (even if now a petitioner) acquired a blooming agenda unlawfully, his blooming agenda could be revoked and be placed in removal/deportation?

Website: www.gurfinkel.com

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