Lee & Garasia, LLC
Tel: 732-516-1717
Toll Free: 888-404-5876
Experience, Accessibility, and Excellence
for Over 20 Years
“When it comes to immigration, I go to Paris and Angie–and trust me, I know a lot of lawyers all over the world.”–Renzo Gracie, Brazilian Jiujitsu and MMA Legend 
Read More
“Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client’s needs. Their staff is very knowledgeable, friendly and polite. I would highly… recommend this firm to anyone.”
Read More
“I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate.”
Read More
“I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You’ve really made this process much more comprehensive to me, which I greatly appreciate.”
Read More
“Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time.”
Read More
“Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time.”
Read More
“I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!”
Read More
“Stalin – Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs.”
Read More
“Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work. He solved my all family immigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia.”
Read More
“Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution. A big thanks :)”
Read More

What Kind of Issues/Factors Point to Fraud in a Marriage Interview? | I-130 Questions

| Aug 13, 2018 | Marriage

A few years ago, an internal USCIS fraud referral sheet was leaked online that provides incredibly useful insight into the adjudicatory process and just what types of factors officers are looking at. While the document appears to have been last updated in 2004, it references fraud “indicators” that are timelessly problematic. While the presence of one or more of these factors does not conclusively establish fraud, they are triggers that will likely expose a couple to heightened scrutiny, which can potentially evolve into a “Stokes Interview,” site visit, investigation and possible prosecution. A married couple anticipating filing a case should be alert as to whether any of the following red flags applies to their situation. For I-130 family based petitions, the sheet references the following:

· Short time between entry and marriage

· Unusual marriage history

· Children born during marriage to other parent

· Unusual number of children and large discrepancy in age

· Unusual dates on submitted documents

· Divorce/new marriage dates close

· Unusual or large age discrepancy between spouses (when found in conjunction with other indicators)

· Unusual associations between family members

· Unusual cultural differences

· Low employment/financial status of petitioner

· Preparer, notary and minister are the same person

· Same employer of petitioner/beneficiary

· Previous marriages to foreign nationals

Officers are instructed to articulate reasons for referral (presumably to FDNS, or Fraud Detection and National Security Directorate) based on fraud indicators checked. In other words, cases should not be referred for further investigation or action in the absence of an articulable suspicion that a relationship is not what it purports to be. “Hunches” would not be enough. Furthermore, this sheet should not be interpreted as being an all-inclusive list. Officers are trained to be alert as to other issues as well that are not necessarily found on the sheet that may arise during the course of an interview.

The problem with this “fraud sheet,” unfortunately, is the potential for misinterpretation by those who are not properly trained or in some cases, not sensible enough to apply a contextual analysis. If these factors are viewed through a very narrow prism with little to no discretion by an officer, perfectly legitimate cases that on the surface may seem a little unusual (but are nevertheless genuine) may be held up and possibly denied. This only underscores the importance of approaching one’s case with a healthy dose of realism, especially in today’s climate. It is naïve to expect the government to blindly rubberstamp a case just because the parties themselves know the relationship to be true. In order for a case to be approved, the burden falls on the parties to demonstrate that the claimed relationship is true. For unconventional or complicated relationships that may have arisen out of unusual circumstances, it is important to acknowledge how things may appear to a third party and consult with an experienced attorney to assess what additional evidence may be adduced to successfully prove the bona fide nature of the relationship.

For more information on some other factors an immigration officer may be sensitive to or looking for during a family-based immigration interview, please contact our office. You may be surprised by what you hear. The above is general information only and not to be relied upon as legal advice. It does not create an attorney client relationship nor should it be relied upon as advice in lieu of consultation with an attorney.

Findlaw Network