I-751 notice of intent do deny based on prior sham marriage

[motopokep]

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, then USCIS cannot take away that green card after finding out that first marriage was supposedly ****? She has a strong waiver case. Please help.

[verbose]

Isn't there a law that if USCIS already issued a second green card, then USCIS cannot take away that green card after finding out that first marriage was supposedly **** ? She has a strong waiver case. Please help.

I’m not implying that your friend lied, but regarding your question above, the USCIS applications do ask applicant to certify that they have not misrepresented facts in order to gain a benefit. So, they can revoke a previously given benefit. In extreme cases, a person can be stripped of their US citizenship also if they have provided incorrect information to obtain that benefit.

Perhaps your friend should use an attorney to decide her further course of action and avoid any further missteps.

[R78]

Once issued, a greencard may be revoked several years later if the application was fraudulent. No different that immigration proceedings against an LPR who commits a crime or gets involved in activities that violate immigration law. In such cases USCIS has enough evidence and you can plead your case in an immigration court. .

While USCIS may call the previous spouse (to verify facts / see if there is a pattern), they usually base the NOID on the current case. Your friend will need substantial proof that she was in a abusive / battered relationship ? Police Cases, Court documents, affidavits from people, etc will help.