Can I get a green card if I had previous marriage petition denied based on fraud?

Under the section of 204 (c), it is clearly mentioned that if there has been any marriage fraud reported then the visa petition of that immigrant shall not be approved. 

Thus, if you are one of those who are trying for the green card after a marriage fraud case on you, then chances are bleak but still, hopes are there. This can happen in certain specific situations. 

How you can apply for the green card if previous marriage petition denied based on fraud

The rule states that USCIS needs to examine and find out a valid proof for the marriage fraud and it cannot reply to other adjudicators. Thus, while adjudicating the visa petition is made by the USCIS district director, he needs to determine the marriage fraud. The director needs to come to his conclusion made on the evidence before him and cannot reply or pass his judgment on the prior proceedings.

Thus, submit new evidence that shall demonstrate the prior findings related to marriage fraud was on incomplete facts. In cases, where the visa petition of the immigrant has been denied already, the new evidence needs to be submitted as a motion to reconsider the case. 

Thus, if you are one who falls under this category, you should gather enough proof that your marriage proof is not validated.  

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Diksha Garg

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