Family-Based Petition

A Huge Victory; Attorney Famuyide Succeeds in Reversing Stokes Denial 

There is a saying that “good news is to be shared.” In the last 6months, my office took on a challenge to confront the U.S. Citizenship & Immigration Services and see if we could dent their no nonsense image when it comes to reversing some old Stokes interview denials. About four months ago, my office accepted two of these old cases. One in New Jersey, though not called Stokes in New Jersey and the other in New York.  I am happy to report that we succeeded in reversing these “immigration death sentences” imposed upon these two clients by the invocation of S. 204(c) INA that prohibits these immigrants from obtaining any future immigration approvals because it was concluded years ago that they committed marriage fraud.  In the last edition of the USI News, I reprinted one of my old articles on the implication of failure at a Stokes Interview, second interview or fraud interview depending on where you reside titled “You Are Permanently Barred” There is, however, another side to the story. I succeeded in the two test cases I handled in two different USCIS Districts. These two cases have now opened the floodgates to other victims seeking redress and they also provide me with the needed audacity to challenge some other decisions of the USCIS and Section 204(c) INA.  You might ask, what is Section 204(c) INA all about. Simply put, it says once your marriage is determined not to be bona fide at an immigration interview, you will be barred for life from obtaining any immigration benefits. This section 204(c) INA could be tagged “immigration death penalty”. The consequence imposed by this obnoxious section is worse than deportation. Section 204(c) INA provides that  “Notwithstanding the provisions of subsection (b) no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General (now DHS) to have been entered into for the purpose of evading the immigration laws.”     In one of the two cases, my client married a U.S. citizen about 7 years ago. They were invited for interview twice. They failed on both occasions. My client later divorced the spouse and married another U.S. citizen about two years later. The new wife and my client have two children together.  Subsequent to the new marriage, my client applied to the U.S. Citizenship & Immigration Services by filing form I-130 and form I-485 for adjustment of status in the United States. At the interview, it was discovered that there was a previous marriage in which Section 204(c) INA was invoked because the marriage was declared not deemed genuine, hence his application for green card was denied. It was at this stage that this client was referred to my office. I reviewed the case and decided to file a brief arguing that the USCIS was wrong in their conclusion. I reviewed case laws regarding Section 204(c) INA and set forth the standard of proof which states that “the director will deny a petition for immigrant visa classification filed on behalf of any alien for whom there is substantial and probative evidence of such an attempt or conspiracy, regardless of whether that alien received a benefit through the attempt or conspiracy.”  I alluded to all the errors committed by the USCIS in the course of adjudicating the petition filed regarding the first marriage. I crowned the argument with the conclusion that my client was denied his due process rights under the U.S. Constitution, and the USCIS agreed with me. Early in the month of February 2009, my client received his green card in the mail. His 8years wilderness experience ended. Thanks to his Pastor who referred him to my office.  The other case is even more complicated. The rendezvous of this client with the U.S. Citizenship & Immigration Services started at the USCIS District Office in Baltimore Maryland. There is something that makes that office an immigrant’s nightmare. Most of the officers there are doubters; they are quick to send married couples for “fraud” interview called the Stokes interview in New York. The last two cases I won this year in Baltimore were through the so called fraud interview, they simply won’t believe until they see and hear stories of your marriage as they grill you with about 200 questions. This other client had his case denied over 15years ago. With due respect, his lawyer at that time was very sloppy. The case was riddled with errors, lateness and negligence. This client was married to a U.S. citizen who petitioned for him to obtain permanent resident status. They were invited for interview twice and they failed. Subsequent appeals and motion to reopen the case were denied and Section 204(c) was invoked. The client later divorced his spouse. About 15years later, this client married another citizen in New York. They have no children. I was retained to file their I-130 petition and I-485 application for adjustment of status.  At the interview, my paperwork regarding this new marriage was very solid, after asking some preliminary questions, the examiner flipped through a combination of old and new files pretending to be conducting the interview. My clients were accurate and consistent on all the questions the examiner asked. Unknown to us, a decision had been reached before we got to the interview room. Out of frustration because she could not find any fault in my clients, she opened one of the files and said to me “Counsel, your client is permanently barred”. I knew immediately that the U.S. Citizenship & Immigration Services has resorted to invoking the provisions of Section 204(c) INA against my client.  The case that was buried about 15years ago had been resuscitated in order to cause havoc. Alas! It was a pre-meditated decision duly signed before we arrived at the interview room. My clients were devastated. Now, the war that should have been fought about 15years ago is now on my laps to fight and win. I decided to appeal the decision to remove the sword of Damocles from my client’s head. It was an expensive and uncertain journey, but I am happy to report that we won on the issue of invocation of Section 204(c) INA, we have been scheduled now for adjustment of status interview. If we can prove that this new marriage is authentic, my client will now obtain his permanent resident status about 17years after the first attempt. Let all immigrants know that it is not over until it is over. You need to continue to fight to win. You will need the right attorney to win a case like this. Choose wisely. This article is for your information only. Please consult with an immigration attorney concerning your case. If you have any question regarding this article, please feel free to email Attorney Joseph Famuyide at This email address is being protected from spam bots, you need Javascript enabled to view it or call his office for appointment at 718-647-6767.                                                                                      USI News