US I-130 denied under INA 204-c, will this affect my Employment Visa Application to Ireland? [closed]

I originally applied for a permanent resident green card in the US back in '08 with my then spouse, but due to the fact that we were having marital issues, she sabotaged the interview, and I got denied the green card, but I had no idea what transpired in the interview because we were interviewed separately. We eventually divorced. I got remarried in 2012, and reapplied for a new I-130 and I-485, and this time got denied because I didn't show enough evidence that the previous marriage wasn't a sham. This blindsided me because I originally thought I was denied due to RFE, and couldn't gather enough evidence to prove my case that original marriage wasn't a sham just going bad, and because I didn't know the law and didn't have a lawyer the first time, I didn't appeal the original decision. I'm currently appeal this new denial, but I recently got a job in Ireland, and i'm wondering if these denials will affect my irish visa application negatively?

Best Answer

Perhaps. The Irish might ask for prior rejections/deportations. Even if they do not ask, they might know anyway because of information sharing agreements.

Anything which puts your credibility in doubt will be negative. A denial is bad, being caught in a lie is even worse. So tell the truth and hope for the best.

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Is there a waiver for INA 204 C?

The section 204(c) bar is permanent and cannot be waived.

How can I overcome 204c?

You can do this in a few ways:

Appeal the decision to the Board of Immigration Appeals;

Refile a new immigrant visa petition; or.

File a motion to reopen the case with USCIS due to new evidence that has come to light.

WHAT IS 204c immigration?

In the past year, the Board of Immigration Appeals, or BIA, has published three decisions relating to marriage fraud and INA \xa7 204(c). This section bars approval of a visa petition where the beneficiary has previously participated in a fraudulent marriage or has attempted or conspired to do so.

What happens if marriage based green card is denied?

In that case, after the denial, your spouse might be placed into removal (deportation) proceedings. There, you will need to present the entire application to an immigration judge, as well as testify and (if you like) call witnesses. Hopefully you will persuade the judge to grant the green card after all.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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