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I-751 Extreme Hardship Marriage Fraud

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  • I-751 Extreme Hardship Marriage Fraud

    I paid someone to arrange a sham marriage for me. I entered into the sham marriage in 2009. Also in 2009 after we were married my husband filed an I-130 and I filed an I-485. In January, 2010, I was granted conditional permanent residence status. In September, 2010 I gave birth to a USC child that was the biological child of my now ex-boyfriend. I paid my husband to let them place my husband's name on my child's birth certificate. In 2011 my husband and I filed a timely joint I-751. In October, 2013, I attended the I-751 interview alone, was advised by ICE officers that they knew my marriage was a fraud because the person who prepared the I-130 and I-485 was known to have arranged fraudulent marriages for money, and was advised by ICE officers to withdraw the I-751. I admitted that my marriage was fraudulent, that I paid my husband to marry me, and that I paid my husband to let me place his name on the child's birth certificate without him objecting. In March, 2017, I received a Termination of Conditional Residence Status notice stating that my conditional permanent status was automatically terminated as of March, 2017. In April, 2017, I was served with an NTA for (1) fraud and willful misrepresentation (237)(a)(1)(A) and for (2) after receiving conditional residence status my status was terminated (237(a)(!)(D)(i). I divorced my husband in 2016, obtained a paternity order establishing that my ex-boyfriend was the biological father, and obtained a new birth certificate for my child with my ex-boyfriend as the biological father.

    I am going to file an I-751 waiver primarily based upon extreme hardship to my minor child born in September , 2009, during the first two years that I was a conditional permanent resident.

    Question One: The I-751 Form states in Section 7 on Page 6 that "...I further certify that the marriage...was not for the purpose of procuring an immigration benefit." My marriage was for the purpose of procuring an immigration benefit. What should I do? Should I sign the I-751 the way it is, or perhaps cross out and initial that part of that particular sentence, or sign it without crossing it out and adding an explanation in Part 11 that notwithstanding that sentence I did, in fact, enter into the marriage to procure an immigration benefit?

    Question Two:
    Is hardship occurring and arising to my presently 6 year old USC child and I (after the two year period during which I was a conditional permanent resident), relevant to my extreme hardship or is only hardship to my child and I occurring and arising until the two year period ended in 2011 relevant? In other words, if I am deported/removed and it would be an extreme hardship to my 6 year old child to either leave the U.S. with me OR to remain in the U.S. without me, can that hardship be considered to have arisen during the initial two year period that I was in conditional permanent resident status (CPR)? Can I successfully argue that his extreme hardship was being born a USC to a parent who had entered into a sham marriage and was subject to eventual deportation which would eventually result in either separation from his mother (me) or require him (my child) to move to and be raised in a foreign country? I have no one to leave him with in the U.S. if I am deported...his biological father is unwilling and unable to raise and properly care for him...and my child would be placed in foster care if I am deported and cannot take him with me.

    Question Three: If the I-751 extreme hardship waiver is granted by the USCIS, or if denied and reviewed and granted by the Immigration Judge, do I also need to request the "marriage fraud" waiver under 237(a(1)(H)?

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