Saturday 30 May 2015

CASE 2 - Immigration Marriage Fraud (Investigation) - PART 2

The examiner begins by initially asking innocuous and simple questions. Eventually the questions become more detailed, into all aspects of the couples relationship. For examples, questions range from who woke up first this morning to what side of the bed you sleep on, and also questions about other family members, such as mother, father, sisters and brothers are common. They may even ask to see the keys in your pocket and ask what each key is used for. At the same time, they may ask that you empty your wallet and look at the papers and documents you carry. The purpose is to search a discrepancies, such as a driver’s license with a different address.
        
When the the first person's questioning is completed, the other spouse is questioned in the same way. Again, with the lawyer present. The identical questions are asked again. This time to see if the answers are substantially the same. The attorney listens carefully for any inconsistency and if necessary, re-words the question or clarifies it in order to assist his client. The immigration attorney is there to take notes in preparation of a future appeal should it become necessary.
        
Once the second spouse has been questioned then both people are brought together. If there were discrepancies or inconsistencies in the individual answers the parties are asked to explain. Here again the lawyer may be able to assist in clarifying the questions and answers given.
        
If all the doubts of the official are satisfied then the petition should be approved. If the examiner still believes that the couple only got married to get a green card they are sent home without an approval and will eventually get a notice of intent to deny in the mail. The spouse have another chance to explain the discrepancies to the USCIS. If they are satisfied with the answers, they may either approve the case or send it back for another interview. If it is denied an appeal can be made, If the appeal is denied, many cases are forwarded to the deportation unit to commence deportation proceeding. During the deportation proceeding the couple has yet another opportunity to present their case to the judge and be granted the Green card.
      


 The following may trigger suspicion of immigration marriage fraud:
·         The couple are of different race or national origin;
·         The couple have different addresses.
·         The couple do not speak the same language.
·         There is a big difference in age between the husband and wife.
·         They have a difference in the cultural and religious background.
·         Great difference in in educational level between the couple
·         The application was not properly prepared and may contain inconsistencies.


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