Can Anyone Help? Please!!!

[MICHAELINIL6061]

Hey All!
My situation is as fallow:
I came here like 10 years ago, overstayed my visa, but got married and got my temporary greencard but 1year and 9months into the marrige the Immigrationofficers came and knocked on my door and accused me of being gay and they did the same for my wife and they said that they had proof of it and they threated my wife with jailtime and $250 000 in fines if she didn't divorce me, she had to write to the immigrationoffice telling them it was a bogus marrige and had to withdraw the application for my greencard, (she has a really "high up" job and they threatened to destroy here).
She did withdraw the application and filed for divorce.
I got a paper saying I had to leave the country immediatly or I would be deported.
All this happened 3 months before I had gotten my permanent Greencard!
I was pissed as hell! I stayed, and this is now 2years ago since this happened, what was the purpose of the whole thing since after I got the deportationpaper, nothing has happened.
I will NOT leave the country, not alive!
If I start to study, will I be granted a visa to study, or if I find a company that wants to sponsor me will I be granted a visa or am I screwed for the rest of my life?
Am I elegible to apply for the Greencard lottery?
Please help me anyone, I can't take this anymore!

 

[hadron]

This sounds really bizarre, and I can't shake the impression that you are only telling us about 1/3 of the story here. I know there is goverment misconduct in the immigration arena, but your story sounds fishy.

There are immigration attorneys specialized in fighting removal proceedings. If your marriage is legit, you have a good chance of fighting this. If it wasn't, then for a change the goverment was actually right in coming down hard on you.

 

[Jim Mills]

This sounds really bizarre, and I can't shake the impression that you are only telling us about 1/3 of the story here. I know there is goverment misconduct in the immigration arena, but your story sounds fishy.

There are immigration attorneys specialized in fighting removal proceedings. If your marriage is legit, you have a good chance of fighting this. If it wasn't, then for a change the goverment was actually right in coming down hard on you.

I have fought similar cases where there were allegations of marriage fraud. Even remarriage to a USC did not help. They are quite time consuming and therefore expensive to litigate. You will need the cooperation of your spouse to stand much chance at all. If your spouse is willing to cooperate, sign a sworn affidavit and appear in court to state that the marraige is legitimate, there is a chance. I would need to look over the case to say how much of a chance.

 

[hadron]

I have seen a couple of people with bogus marriages who got into trouble. If you dont have your paperwork in order and at least a basic facade of family life, they will indeed deny permanent GCs.

Other folks who had legit marriages (but where out of status at the time of the marriage) got either grilled and rescheduled at the interview, or they had the "knock on the door asking for the brand of day lotion" type of investigations. They had a hard time and one couple had to appear before the judge at some point, but in the end they all prevailed.

This is why I think the story is fishy. This was either a sham marriage and the authorities were correct in their actions (maybe not their methods), or we only know a third of the story.

 

[Jim Mills]

I have seen a couple of people with bogus marriages who got into trouble. If you dont have your paperwork in order and at least a basic facade of family life, they will indeed deny permanent GCs.

Other folks who had legit marriages (but where out of status at the time of the marriage) got either grilled and rescheduled at the interview, or they had the "knock on the door asking for the brand of day lotion" type of investigations. They had a hard time and one couple had to appear before the judge at some point, but in the end they all prevailed.

This is why I think the story is fishy. This was either a sham marriage and the authorities were correct in their actions (maybe not their methods), or we only know a third of the story.

The problem is that it appears that ICE now has a sworn statement from the wife that the marriage was a sham.

I agree that there is probably more to the story. If the authorities are correct, I would start packing my bags to avoid a deportation order.

Expect a deportation hearing.

He REALLY needs to consult with a good immigration attorney that handles removal defense.

 

[hadron]

I guess key in these situations (knock,knock type investigations by ICE) is not to sign anything and actually not to talk to them without your attorney present.
While the 5th amendment and due process don't apply to the alien spouse, I don't think there is a lot they can do to the citizen spouse (at least right there, at your door). If they want to charge the citizen spouse with marriage fraud, they still have to get an indictment etc.

So, if you get your GC through marriage, it is probably a good idea to have your attys pager number ready. Particularly if you have some sort of 'unconventional' marriage arrangement. If the ICE guys come to the door of your 3bedroom ranch with picket fence, and your common kids run around their feet, they usually don't go any further. If otoh they have to chase you through three different private mailbox addresses and you can't give them the current whereabouts of your citizen spouse, you probably don't deserve a GC (for being a moron).