Q: Removal proceedings married to usc age gap ?

A: Congratulations on your marriage!

First, if the marriage took place after the initiation of removal proceedings, there is a general prohibition under the law to not approved this family petitions unless the petitioner request in writing and with Form I–130. The request must state the reason for seeking the exemption and must file with request documentary evidence establishing eligibility for the exemption.

Second, the Immigration Judge has no authority to decide the Family petition (Form I-130).

Given that there is a significant age difference and potentially other issues not discussed in this forum, I will strongly recommend that you consult and hire an experienced attorney in Immigration Law to represent you both before the Immigration Court and before the Service (USCIS).

Best of luck to you both!

A: I agree. This is a complicated case that requires an exemption. I strongly recommend that you hire a competent and experienced immigration attorney. In addition, you should also seriously consider your options for emigration to avoid emotional challenges in the future.

There is a presumption of fraud as a matter of law. You must overcome it or it’s denied and appeals take years. You don’t have years to appeal if she is before an immigration court. At least one aspect “age difference,” perhaps more, fit within the USCIS fraud profile. This, even if you entered the marriage in good faith based upon a relationship that involves love and trust. Good luck, as well.

The above is general information, not legal advice, and does not create an attorney client relationship.

A: Too many issues going on in your case for a simple answer. Have a free consultation with Immigration counsel.