LGBT Marriage Fraud
Marriage fraud or a denied visa petition based on the suspicion of marriage fraud has draconian consequences. Under Section 204(c) of the Immigration and Nationality Act, an I-130 immigrant petition found to be based on a fraudulent marriage will not only be denied, but no subsequent petition can ever be approved if (1) the immigrant has been accorded, or has sought to be accorded, immediate relative status as the spouse of a U.S. citizen or preference status as the spouse of a lawful permanent resident, by reason of a marriage determined to have been entered into for the purpose of evading immigration laws; or (2) the immigrant has attempted or conspired to enter into a marriage for the purpose of evading immigration laws.
Thus, even the mere suspicion of entering into a marriage solely for immigration benefits may trigger what is known as the “marriage fraud bar” of INA 204(c).
Michael Murray, Esq. has lectured on the topic of INA 204(c) as it pertains to gay couples who previously entered into heterosexual marriages. Some of these marriages involve denied visa petitions based on the suspicion of fraud. This is an evolving area of law and requires a well-prepared strategy to overcome the potential marriage fraud bar of INA 204(c).
Before filing your marriage-based visa petition, contact Michael G. Murray, P.A. for a confidential consultation regarding previous marriages which may prompt U.S. Citizenship and Immigration Services to suspect fraud.