So, you have a friend who is here in the United States either illegally or is out of status or whatever. Point is, he or she is removable (meaning deportable). And you want to be the good friend to help your friend to remain in the United States. You've heard or seen a few things on the internet that says non-citizens and non-LPRs (Green Card holders) can get married to a U.S. Citizen and remain in the United States and get a Green Card. YAY! You found a way out for your friend. You also found a way straight to a long prison sentence, fines, penalties and your friend being deported. "Wait What?! I thought, b-b-but...so I can't do this?" No, you can't do that. The marriage may be legal in every other way. Meaning, you are both consenting adults who entered into this marriage without anyone coercing you. But you got hitched solely for purposes of fraudulently procuring immigration benefits i.e. that coveted Green Card. Let's be clear about this: it is illegal to file for a marriage green card based on a fake or a sham marriage. YOU may have good intentions and did this out of sheer altruism and did not receive any compensation or quid pro quo. However, in many cases people ask the non-citizen spouse to pay them to do this - it's a business transaction where something of value is exchanged. What you have here are the strings of conspiracy; conspiracy to defraud the United States Government into giving your friend the Green Card. The immigration authorities (USCIS/DHS/CBP and the Department of State) are quite suspicious of applications based on marriage. That is why there is the so-called two year conditional green card for Marriage Based Green Cards. Two Year Conditional Green Card: "What do you mean 'conditional'?" The conditional green card is conditional because of the high frequency of sham or fraudulent marriages. That means that the Green Card is issued for two years with conditions. Ninety days prior to your conditional green card expiring, you would have to apply to remove the conditions. You do so by filing an I-751 Petition to Remove Conditions on Residence. This form can be easily found on the USCIS website. "What if Juliet divorced Romeo (or, alternatively, he dies) and Juliet wants to remove the conditions - does that mean Juliet loses her Green Card?" Okay, so let's say Romeo married Juliet. Adjusted Status. Got the Green Card. Then after two years Romeo and Juliet got divorced or tragically (pun intended) Romeo, petitioning US Citizen spouse, dies, what then? Does Juliet lose the Green Card? No. When Juliet wants to file form I-571 to remove conditions, she would need to demonstrate that the marriage which ended was in good faith. That means she has to demonstrate that the marriage was not entered into for the purposes of procuring immigration benefits (in this case a Green Card). You would have to submit documented evidence of the bona fides of the marriage. Bottom line is that you should NEVER EVER marry someone simply to "help" them remain in the country. You should marry that person because the marriage is real and you are in love and you want to be together. Marriage Fraud, Visa Fraud and, Green Card fraud will land you in a world of hurt and trouble. Don't do it. If, you need representation in filing a Family Based Petition for your spouse, please do not hesitate to contact us for a confidential consultation. The Law Office of M. Ray Arvand, PC An Immigration Law Firm 26 Broadway, 21st Floor New York, NY 10004 212-323-7435 #ArvandLaw
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AuthorM. Ray Arvand, Esq. Archives
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