Is the ban on applying for a US visa after marriage fraud a lifetime ban or 10 years?
A Jamaican committed marriage fraud about 30 years ago by marrying a US citizen in a marriage where the groom was paid a certain amount of money to marry her. The groom got in legal trouble for an unrelated matter, and the marriage fraud was discovered and the family friend was deported back to Jamaica. She no longer has any paperwork involved with the deportation and she can’t remember any of the details. I do not know if she simply agreed to return to Jamica when the fraud was discovered, or if she made any attempts to mount any type of legal defense in the case. I do know that she was cooperative with the immigration authorities and that they did not have to come looking for her. She would like to come the USA for a two-week visit. The main purpose of the visit is for her to visit a friend (US citizen) who is terminally ill.
I have been looking at 8 U.S.C. 1182 and from my reading of it, it would seem that she would not be admissible to the US because of the previous immigration fraud. My understanding is based on the section that says:
In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
What’s not clear to me is if this means that she would be inadmissible permanently or if this would be subject to the 10 year limit. Can anyone help provide some clarity on this? If the ban is not permanent are there any tips to being able to increase her chances of being able to get a visa. She intends to honestly answer all questions during her application process for a visa.
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Is marriage fraud a permanent bar?
Prohibition on Subsequent Petitions Notwithstanding waivers, section 204(c) prevents an individual from having a subsequent family- or employment-based immigrant visa petition filed on his or her behalf approved. The section 204(c) bar is permanent and cannot be waived.What is the penalty for false marriage immigration?
For the Immigrant INA 275 (c), states that any individual who enters into the marriage purposely and knowingly intending to evade any provision of immigration laws shall be imprisoned for not more than five years and be fined not more than $250,000 or both.Can I get a waiver for marriage fraud?
Pursuant to INA \xa7 237(a)(1)(H), the Attorney General can waive certain misrepresentations (including marriage fraud) which will cure the invalid visa as a result of the misrepresentation made at the time of admission to the United States.When in an immigrant visa case can you file an I 601 for misrepresentation?
When Do You Need an I-601 [INA \xa7 212(i)] Waiver Due to Fraud or Misrepresentation? You need an I-601 waiver under section 212(i) of the INA when you are inadmissible due to fraud or willful misrepresentation and seek an immigrant visa or green card.Is There Hope After Immigration Fraud?
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