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Are there ANY laws that protect the rights of some one who is the victim of greencard marriage fraud?
Fightforrights
The Immigration and Marriage Fraud Act of 1986 provides some recourse.
If the immigrant is here on conditional status, but you now believe that they only pretended to love you for that status, than you may report this to ICE (Immigration and Custom Enforcement).
If it's within two years of the marriage, the conditional status can be revoked and they be deported.
Bear in mind - and as you well know - before the immigrant got his/her status in the first place, you were each interviewed on this matter and swore that this was a real and bona fide marriage of love, not convenience.
You may wish to consult with an attorney. And you should also be sure that this is truly "fraud" as opposed to "no longer loving" him/her.
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∙ 14y ago
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How can the rights of the accused be just to the victim?
Rights of the accused have nothing to do with being just or unjust to the victim since, using the U.S. justice system as the example, the accused is innocent until proven guilty. In practice and in reality, this can actually be very unjust to a victim, depending on the crime, as the victim had their rights stripped of them by whoever committed a crime against them yet the accused has a myriad of rights to protect them and the process of proving guilt can be further insult to injury to the victim. When guilt is proved beyond a reasonable doubt, the victim is supposed to feel like justice was served. Sometimes they do, sometimes they don't.
How can rights of the accused be just to the victim?
Rights of the accused have nothing to do with being just or unjust to the victim since, using the U.S. justice system as the example, the accused is innocent until proven guilty. In practice and in reality, this can actually be very unjust to a victim, depending on the crime, as the victim had their rights stripped of them by whoever committed a crime against them yet the accused has a myriad of rights to protect them and the process of proving guilt can be further insult to injury to the victim. When guilt is proved beyond a reasonable doubt, the victim is supposed to feel like justice was served. Sometimes they do, sometimes they don't.
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If I understand the question correctly, it is being asked who to call if you have been the victim of a "greencard marriage", which in context suggest that a U.S. citizen was conned into marriage by a foreign national. Fraud is fraud. I'm as much for immigrants rights as any, but your first contact should be your local police department. From there you'll probably be talking to the District Attorney. And the agencies to call are Immigration Control and Enforcement (ICE). As to Homeland Security, that would probably only be needful if there is some terroristic aspect to this. However, if in doubt, you can call them, explain the situation, and see if it falls under their jurisdiction. Note of caution: Before setting in to motion the massively ponderous machinery that is our Federal Government, are you sure? By that I mean that there is an enormity of difference between someone marrying you, and then right on the day they get their papers, laugh and say "so long", versus you two were together after the marriage for some time, but a long series of difficulties and arguments led one to believe it just couldn't work out.
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Can a man close to 60 who went to the Philippines and married a 20 year old less than a month ago have the marriage annulled after she had him arrested and thrown out of the house?
It would likely be supported in court, You could show that it appears her intent for the marriage, was simply to gain access to a greencard/future citizenship. You know, the mail order bride thing. Provided of course that you have not committed a crime in which she is the victim, then it might look like you are trying to get her out of the country to remove her as a witness. "Just my opinion, I could be wrong"
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