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Immigration Issues/is my case immigration fraud?

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Question
Hello

I was married back in sept 2007 my wife is from
the dominican republic we started her adjustment of status
late . as a result she received her unconditional green
card august of 2010 however without warning shortly after
she received her green card conditions removed .
she abandoned the marital home.

well under normal circumstances I would be out of luck
I thought . we also have a 3 year old child.
well during the legal precedings to get visitation
for my daughter.

After my wife gets served she openly admits that
my daughter is not my biological child She says "I'm
wasting my time I'll never get custody or visitation"
ok that's another story.

However my daughter bio or not was conceived in my
wife's home country obviously not by me but i was
manipulated into believing that I was the biological
parent through the timing of our encounter

However as I have recently learned my wife
was having another relationship with another U.S
citizen and he is the bio father she has admitted
this and it can be proven .When we went for our
visa interview at the consulate we were both
asked "does this child belong to the both of you?"
we both answered yes.

Is this misrepresentation of a material fact that
would have denied her a visa? obviously if I knew
I would have terminated the petition immediately
and I'm sure the consular officer would have denied
it as well.

And she absolutely knew I wasn't the father and lied
does this make her inadmissable as far as the uscis is
concerned? has she defrauded the immigration process
and as a result receieved immigration benefits like
L.P.R  if fraud is found that led to the issuing
of these benefits can that lead to revocation and removal

can I take any action that will lead to anywhere?
I'm thinking of contacting I.C.E or uscis and explaining
the situation I am on the hook (affidavit of support) for
someone in my opinion that shouldn't even be here

I appreciate any helpful advice

Answer
Hello Frank,

It sounds to me that you may be a victim of your ex-wife's fraud.  I believe you may sue her for damages, and you should write a letter to Immigration Custom and Enforcement, as well as US Citizenship & Immigration Services to explain about the fraud.  Actions will be taken when she applies for citizenship.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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