Friend got 2-year conditional green card from first marriage, 10 years ago. Then divorced and never got the 10-year card through first marriage. Remarried, got another 2-year green card through 2nd marriage, was battered by US citizen husband, and filed I-751 on waiver grounds of being battered (and hardship). USCIS started doubting her first marriage, made calls to first husband and his friends, who all said it was a sham marriage. Now USCIS intends to deny the I-751 filed as a battered spouse waiver, on grounds that first marriage was a sham.
Anyone had a similar situation? Isn't there a law that if USCIS already issued a second green card, and she has a solid waiver case (battery, and marriage terminated but was good-faith), that USCIS is precluded from asserting first marriage is a sham and can't deny her based on that? Please help.
Anyone had a similar situation? Isn't there a law that if USCIS already issued a second green card, and she has a solid waiver case (battery, and marriage terminated but was good-faith), that USCIS is precluded from asserting first marriage is a sham and can't deny her based on that? Please help.