Full question:
Currently, my now alien ex-spouse had the conditions removed from her 2 year conditional permanent resident card. She did so before we were divorced without my help because of a false VAWA claim. At the end of her 2 year conditional residency we were not legally divorced, therefore, in her case, her Immigration lawyer may have pointed out that VAWA was the surest and quickest way to succeed in getting the conditions removed from her 2 year temporary card without any questions being asked if we were still legally married. If still married, no other joint waiver option is allowed by law. However, regardless of VAWA claims (which can be proven untrue if need be) my alien ex-spouse committed a Federal Crime. How (especially the way VAWA works in conjunction with U.S. Immigration only allowing the alien spouse's side of a story) can an alien spouse or ex-spouse EVER be convicted of Immigration Marriage Fraud? Which leads me finally to my all important question: My alien ex-spouse has committed Immigration Marriage Fraud which, of course, means that I am the Victim of this Federal crime (my testimony and evidence is important). How do I go about bringing this to a court's attention, or maybe the Attorney General, and or the Department of Justice? Can any lawyer help me go down the right path to get this accomplished? I may also want to look at a Civil suit as well.
- Category: Immigration
- Subcategory: Citizenship
- Date:
- State: New York
Answer:
A sham marriage is one that, while legally valid, is entered into without the intention of living together and is aimed solely at evading immigration laws. Such marriages are considered fraudulent, and the associated immigration benefits can be revoked.
The Violence Against Women Act (VAWA), enacted in 1994, allows allegedly abused spouses and children of U.S. citizens or lawful permanent residents to self-petition for lawful permanent residency. However, there have been numerous reports of VAWA being misused. The Executive Office of Immigration Review (EOIR), which handles VAWA cases, has faced criticism for having low standards of proof regarding abuse claims.
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