The Immigration Reform & Control Act of 1986 (IRCA) and the Immigration Marriage Fraud Amendments of 1986 (IMFA) provided drastic changes in the Immigration laws affecting aliens in this country or those wishing to gain admission to the United States as immigrants. The IMFA established a two-step process for those seeking status based on marriage so that a person would initially receive conditional resident status that could be converted to permanent status after two years. The IMFA placed a two-year bar on obtaining permanent residency through a marriage entered into while the person was in exclusion or deportation and a five-year bar on a permanent resident petitioning for a new spouse where he has obtained status based on an earlier marriage.
The IRCA of 1986 and the IMFA of 1986 remain firmly in place. It is also of some importance to note that should an intended immigrant or those seeking status in the United States through the initiation of an I-130 visa petition filed by a spouse or by an intended spouse who is an American citizen, then should the USCIS determine that the visa petition is fraudulent in that the parties are simply seeking status for the beneficiary spouse without any real intent to create a bonafide and legitimate lifelong marital relationship, then the consequences to both parties are considerable. Under the IMFA and other existing immigration laws, should the USCIS conclude that the alien spouse has committed marriage fraud or that they intend to commit marriage fraud, then they are barred from seeking any status whatsoever while remaining in the United States. Possible immigrant status may then only be achieved should the alien spouse/beneficiary actually leave the United States for a period of time of perhaps two years or longer in order to have a possible opportunity to re-enter this country as an immigrant based upon a subsequently filed new I-130 visa petition.
Once a conclusion has been reached by the USCIS that one has committed marriage fraud, this fact remains part of the permanent record file of the alien in question and thus it shall forever impact that same individual’s attempts to enter the United States as an immigrant or perhaps as a nonimmigrant in the future.
When advising those seeking counsel in our offices or those who have retained our services for possible immigrant visa purposes, we consistently admonish those individuals as to the consequences of committing marriage fraud.
I highly recommend attorney Brittni and Legal assistant Violetta. Their expertise and professionalism were instrumental in successfully handling our case. They guided us, answered all our questions, and ensured everything was submitted accurately and on time. Thanks to their efforts, we achieved a positive outcome. I’m immensely grateful for their outstanding service and highly recommend them to anyone seeking immigration assistance.
I highly recommend this firm to the folks who really need any type of legal advice, assistance in any of theirs issues. Whole team is very knowledgeable, dedicated and truly committed. Laura McClure is really one of their GEMS . She always without missing even one emails in the whole process, very promptly she gets back. If you really want to get your process done, this is the firm I recommend.
One of my relatives just received her Green Card and the credit goes to Kevin Raica and his Paralegal, Aga Bogdanowicz. The final “Adjust Status Petition” including the supporting documentation was 128 pages long! There is no way we could have compiled this level of detail much less have it be error free on our own. The whole process took around 8 months which is to be expected; however, the Petition package was so complete that no interview was required. If you ever have need of immigration legal service you just can’t go wrong with Kevin Raica and the immigration…
My international partner and I needed assistance with completing the process to receive a green card and residency in the United States. I am astounded with how quickly we received residency status thanks to the experience and quality of Kriezelman Burton & Associates. Attorney Kevin Raica was a pleasure to work with and demonstrated professionalism and depth of knowledge with the process. Paralegal Donald Rogers was attentive to all the details, followed-up with us, and ensured all of our documents were submitted on time and tracked. I can't praise this firm enough for how easy they made what could be…