Q&A: Can I file for adjustment of status if I have a marriage fraud?

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Question: What happens if my first marriage was labeled a sham and I am on the deportation list. Now I am re-married for 9 yrs to a citizen and have a 9yr old and 4yr who are both citizens. However, my visa was stolen so there is no proof of me entering the US. Can I file for an adjustment?

Answer: If you entered the US legally you should be able to get record from CBP. Your main problem though, is that if the CIS believes that your prior marriage with a US citizen was entered into for immigration purpose, you will be barred forever to receive immigrant visa approval. Your spouse can file I-130 for you but if CIS alleges prior marriage fraud, your spouse must effectively rebut the allegation of marriage fraud. Please retain counsel to represent you in these proceedings.