Q: I am interested in receiving information of marriage annulment for possible Immigration Marriage Fraud.

A: Here is an intoduction to annulment: Click on this link:

https://www.courts.ca.gov/1244.htm?rdeLocaleAttr=en

Yes, immigration marriage fraud is one of the grounds for annulment.

When you ask a question online, like here, the answers you get are only going to be basic information, a starting point. Attorneys are trained to talk to you to find out all the important details of your story. Getting all the details is very important because it will make a big difference in the legal information given to you. It is strongly recommended that even if you get a response here on Justia, that you also talk to an attorney. Many have free first interviews. Even if you have to pay, it is worth it because you talking to a professional who is going to focus on you.

As for a pro bono attorney for annulment, you can call around, you MIGHT find someone.

All 58 counties in California have some type of Self-Help Center. The people at the Self-Help Center help you fill out family law forms for free. They can’t do everything in family law, but they will help you with all the basics. The downside is that they don’t have a lot of time to spend with you, and often there is a line to get in to see them. The upside is that it is free. So if you have more time than money, go to the Self-Help Center for divorce, custody, visitation, paternity and domestic violence paperwork. But if you want a more thorough in-depth help, it is recommended that you see a family law attorney. Many family law attorneys have a free first interview. Some charge only $50. Some $75 or $100. It only takes a phone call to their office to find out the fee for the first interview. There is no obligation to hire an attorney to do anything after the first interview. That’s up to you. Also there is no requirement that you talk to an attorney in your area. Any family law attorney licensed in California can help you no matter where you live as long as it is in the state or your case is filed in California. The interview would be done by phone, Zoom, Skype, Facetime or some other type online method. Even if the attorney is in your area, many attorneys are only talking to people this way due to the Covid pandemic, so you couldn’t have an interview in their office anyway. Also attorneys are going to give you a more-in-depth analysis of your situation than you will get at the Self-Help Center. So call an attorney and set up an appointment.

A: What constitutes a "reduced" fee is in the eye of the beholder. Use the "Find a Lawyer" link at the top of this page and make a few calls.

A: The responses by my learned colleagues are excellent. Proving any kind of fraud, where the fraud does not occur in a writing, and you have to rely on conflicting testimony from eye witnesses, is a very difficult matter. Cut rate attorneys can only provide "discount" or "reduced fee" services if they have a large volume of cases. When an attorney has a large volume of cases, the amount of time he can expend on your case is minimal. In other words, you get the kind of legal service you pay for. Your case could be assigned to a paralegal or other support person with little or no legal background. I am currently representing a person with this kind of situation, his dissolution (divorce) was filed in 2014, annulment granted in 2017 and he is still fighting to save his home in 2020. He had several attorneys before me.

You have to determine what is at stake in your case, not just how cheap can you find an attorney? If the defrauding spouse has a community property interest in an expensive home, (you are in LA and the median home price there is over a half million dollars) you could have the loss of the home and all equity that you have in it at risk. Are there pension benefits to consider? Are there other investments made during the marriage?

Paying an attorney is just like an investment, and it is also just like choosing a doctor to perform brain surgery. Which would you prefer for your brain surgery- a John Hopkins Med School graduate or someone who went to med school in a foreign country with low standards? You may not need a graduate of Harvard, Yale or Stanford Law Schools and many VERY EXCELLENT attorneys went to smaller, private schools. But you want to hire someone that is capable of protecting you from the risk of loss that you are facing. If you are just interested in getting an annulment and do not have property or children at risk, you can even do it yourself. You have to decide, which is of greatest importance, cost or risk?

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