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  1. #1
    Join Date
    May 2016
    Posts
    1

    Default Can an Immigration Petition for a Parent be Denied Based on Past Immigration Fraud

    Hi,

    Here are the details:
    (a) Husband (U.S. citizen) files for Wife, petition denied, U.S.C.I.S. claims marriage is a fraud...Husband and wife divorce years later.
    (b) Biological daughter (natural born citizen) of wife files for wife, U.S.C.I.S. denies petition based on (a).

    Can USCIS deny one petition based on a previous petition? Isn't this similar to double jeopardy being punished for something she has already paid the price for? What should be the course of action for the wife?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Current Petition Sponsord by Child Denied Based on Past Petition Sponsored by Spo

    Quote Quoting Bari
    View Post
    Hi,

    Here are the details:
    (a) Husband (U.S. citizen) files for Wife, petition denied, U.S.C.I.S. claims marriage is a fraud...Husband and wife divorce years later.
    (b) Biological daughter (natural born citizen) of wife files for wife, U.S.C.I.S. denies petition based on (a).

    Can USCIS deny one petition based on a previous petition? Isn't this similar to double jeopardy being punished for something she has already paid the price for? What should be the course of action for the wife?
    No, it's not double jeopardy and she may actually be barred for life. She should speak with an immigration attorney asap.

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