QUESTION

Hello, I am a US citizen and my father lives in The Dominican Republic, I would like to know if I can petition for him?

Asked on Oct 10th, 2018 on Immigration - New York
More details to this question:
More than 20 years ago my father married a woman and was found guilty by the US embassy of marrying to obtain papers. My mother, who is a US citizen then married my father about 10 years ago. He was asked to pay a pardon form which was then denied. They are now divorced. Is it possible for me to start a process to petition for my father?.
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1 ANSWER
Answered on Nov 08th, 2018 at 6:56 PM
Marriage fraud is one of the forever bars for which there is no waiver. Any further petition is deniable unless the applicant is able to persuade U.S.C.I.S. and the US consular officer that there was actually no fraud. Such could be a situation in which the case is denied for fraud, but the applicant is subsequently able to prove that they have been living overseas together for a long time, or there is a child born of the union.  I do note that we have seen situations in which the consulate or embassy was uncertain of whether there was actual marriage fraud and did allow a waiver to be done, which approval resolved the situation.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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