ImmigrationFraudVictims

I sent an e-mail but I thought I would try the forum also. I am the victim of marriage fraud. My spouse was still married to someone in his home country when he supposedly married me illegitimately. Then he lied on his immigration paperwork saying that he had no spouse and had no children in his home country so immigration wouldn't investigate. He didn't fess up to me about it until after he got his green card and was here for several years when he became infuriated that he couldn't get citizenship. I submitted the withdrawal of my petition on the basis of fraud - got an annulment from the circuit court and have been working with immigration to provide them every scrap of evidence they needed to prosecute the fraud. Now they have told me that they transferred the file to the records center because he has been here too long. I was told today that, because he has his green card - even though they acknowledge it was by fraudulent means - they are going to ignore the fraud. I didn't think there was a statute of limitations on immigration fraud. It has left me very disillusioned with a justice system I once held in high regard. How can I keep this case active and pursue the negligence / failure to act of the USCIS? It is no wonder that we have terrorists in this country when the system lets known and well documented fraud go unpunished. Any advice is welcome on how to proceed. Life is great now but I need to find a way to bring some closure on this fraud issue. Thanks for your help.

I'm very sorry to hear your story. Your example shows this is not a male vs. female issue.

There is no legal statute of limitations on immigration fraud. Ask the reputed Nazi who was deported from Ohio initially under the charge that he lied on his immigration application many decades ago. Your problem is 1) political and 2) the decisions of agencies. Your solution will have to be political as well.

If you can tell me your geographic location I might be able to suggest who to turn to but your recourse now is to your elected officials. You got three shots: your two Senators and your congressperson. It is of great importance you initially select the individual who will be most receptive to your problem.

They will contact USCIS and demand an explanation. As a matter of course the entire case will be reviewed by agency superiors before a response is sent to your Congressional official.

You do have the benefit of being female. If you find a receptive Congressperson you have a shot at getting him tossed. At all times do not act vindictive; try to have a more acceptable reason for pursuing this.

Again if you can let me know who your Congressional representatives are or where you live I'll try to recommend one of the three for you.

Good luck.

advice--

i am truly sorry to hear of your predicament. i take it from your message that you have had a number of conversations with the CIS staff. i will state here what i can for the moment.

if staff has stated they will "send file to NRC" then yes, there is the presumption that no further action will be taken, but take heed: that is rebuttable. i agree with the turk, in that you should consult your congressman (use a written letter, not email) and that will more or less compel a response from CIS. it will not compel any particular action, just a reply. be polite and state only the facts of your case. they will respond. local CIS office will receive a copy of your letter.

as to this statute of limitations issue, no there is no specific statute of limitations in US Code, however there is a pattern and past practice of pursuing adjustment fraud only to the five year point. field office directors almost always take this point of view. you did not mention how long he has had his card. if he has not natz'd yet, i am guessing it could be only a couple years. if that is the case, then there no reason CIS cannot pursue a remedy. this is actually a resources issue for CIS, not a legal matter. it is good to recognize that there are many within CIS who are quite sympathetic to your scenario, however they still have limited resources. you have already done the most important thing in withdrawing from the N-400.

both you and CIS should be conscious of the fact that NOW is the time to act. because rescission now (which is relatively straightforward) is a heck of a lot simpler than denaturalization later (which is virtually impossible).

one more point -- do not conclude that because he has not been pursued for the fraud angle at this moment, that he is "off the hook." there is still a record of this and some info in the file. this does not go away.

i realize you may not want to disclose any personal info here. i am sending you a PM and will ask you more and possibly get some insight for you.