Q: Does I-601 waiver apply to marriage fraud?
My father-in-law committed marriage fraud 20 years ago. Now my mother-in-law would like to remarry him and then apply for I-601 waiver.
A: It should, yes. They should really provide significant good faith marriage evidence.
A:
No, while an I-601 waiver applies to many types of fraud, there is no waiver which excuses marriage fraud.
Section 204(c), INA states as follows:
"Notwithstanding the provisions of subsection (b)
no petition shall be approved if (1) the alien has previously been accorded, or
has sought to be accorded, an immediate relative or preference status as the
spouse of a citizen of the United States or the spouse of an alien lawfully
admitted for permanent residence, by reason of a marriage determined by the
Attorney General to have been entered into for the purpose of evading the
immigration laws or (2) the Attorney General has determined that the alien has
attempted or conspired to enter into a marriage for the purpose of evading the
immigration laws."
Carl Shusterman
www.shusterman.com
A: No, under section 204(c) of the immigration law, anyone found to have committed marriage fraud can never be petitioned for a green card by a relative or an employer. There are no waivers.
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