Q: What options are available for immigrant to retain or regain legal residency after denial of I 751 petition by USCIS?
-Immigrant's I 751 petition denied for lack of evidence of bona fide marriage or marriage fraud
-Immigrant signed agreed annulment based on marriage fraud
-Immigrant has new U.S. citizen spouse
A:
This is a complicated and unfortunate situation. Your new U.S. citizen spouse will be disqualified from filing a form I-130 petition as a matter of law. This is true even if the USCIS takes his form and filing fee. The fact that you have admitted that you committed marriage fraud in a sworn document with a court is a ground for other action by the Federal Government. That means that there are few options, if any, to take. These options should be carefully discussed in an office setting.
As a result, I strongly recommend an appointment with a competent and experienced immigration attorney, who will take the time to research and explain the matter to you. The fee to carefully explain what can be done, so that you can decide whether you should do it is cheap insurance. Some firms that may not have more experienced attorney who can spend as much time during free consultations, so that you can make the right decision for you. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
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