Green Card Approved Despite Previous Petition: Understanding Section 204(c) Findings in Marriage Immigration Cases
- Alexander R. Vail
- 1 day ago
- 11 min read
Can you get a green card if a previous marriage petition was denied for fraud? Yes, but it requires overcoming a section 204(c) finding. When R.J., a native and citizen of Hungary who had last entered the United States as a B nonimmigrant seeking assistance with adjustment of status as the spouse of a U.S. citizen, he was concerned that a prior petition filed by his ex-spouse would permanently bar his eligibility. R.J. worried that any section 204(c) finding made in the past would pose an insurmountable obstacle. In Matter of R.J. (2025), Attorney Alexander R. Vail carefully screened the case to ensure that no section 204(c) finding had been previously made, walked R.J. and his spouse through the adjustment of status process, and prepared a comprehensive application package. U.S. Citizenship and Immigration Services approved R.J.'s adjustment application shortly after his interview, and R.J. is now a lawful permanent resident of the United States.
LAWFUL PERMANENT RESIDENCE STATUS GRANTED
Matter of R.J. (2025)
R.J. is a native and citizen of Hungary who had last entered the United States as a B nonimmigrant. He came to Alex seeking assistance with adjustment of status as the spouse of a U.S. citizen. R.J. was concerned that a prior petition filed by his ex-spouse would be a problem, even though that process had ended unsuccessfully years earlier. Alex carefully screened the case to ensure that no "204(c) finding" had been previously made precisely because such a finding would pose an issue with any future filed immigrant visa petition.
Having been assured that section 204(c) of the Immigration and Nationality Act (hereinafter referred to as the "INA") did not apply in the case, Alex walked R.J. and his spouse through the adjustment of status process under section 245(a) of the INA. Inspired by Alex's confidence, R.J. and his spouse entrusted Alex with their case and followed all guidance he provided, from filing adjustment of status process under section 245(a) of the INA to preparing for the interview. U.S. Citizenship and Immigration Services ("USCIS") approved R.J.'s adjustment application shortly after his interview. R.J. is now a lawful permanent resident of the United States.
What is Section 204(c) of the Immigration and Nationality Act?
Section 204(c) is a permanent bar that prevents an individual from receiving approval of any immigrant visa petition if USCIS or an immigration judge has determined that the individual previously attempted or conspired to enter into a marriage for the purpose of evading immigration laws.
Section 204(c) applies when:
A formal finding was made: USCIS or an immigration judge specifically determined and documented that the individual entered into (or attempted to enter into) a sham marriage to evade immigration laws
The individual is the beneficiary: The person who was found to have entered into the fraudulent marriage is now seeking immigration benefits through a subsequent petition
The bar is permanent: Unlike many immigration bars, there is no waiver available for section 204(c). If this finding has been made, the individual is permanently barred from receiving approval of any future immigrant visa petition
Critical distinction: A denied petition alone does NOT create a section 204(c) finding. The denial must include a specific determination that the marriage was entered into for immigration fraud purposes. Many petitions are denied for other reasons (insufficient evidence, failure to attend interview, concerns about bona fides) without triggering section 204(c).
R.J.'s Immigration History and Concerns
R.J., a native and citizen of Hungary, had traveled to the United States as a B nonimmigrant (tourist/business visitor). Years earlier, R.J. had been married to a different U.S. citizen who filed an immigrant visa petition on his behalf. That petition was denied, and the marriage subsequently ended.
Later, R.J. married a different U.S. citizen, a genuine, loving relationship. When the couple decided to pursue permanent residence for R.J., he was deeply concerned that the prior denied petition would permanently bar his eligibility for a green card.
R.J.'s specific concerns:
Would the previous denied petition create an automatic bar?
Had USCIS made a section 204(c) fraud finding in his prior case?
Would he be able to pursue adjustment of status with his current spouse?
Would USCIS view his new petition with heightened suspicion?
These are legitimate concerns. Having a prior denied marriage-based petition in your immigration history can create obstacles, but the key question is whether USCIS made a specific section 204(c) finding of marriage fraud.
How Does Section 204(c) Differ from a Simple Petition Denial?
Not all denied marriage petitions result in section 204(c) findings. Understanding this distinction is crucial.
Common reasons for petition denial WITHOUT section 204(c):
Insufficient evidence of bona fides: The couple didn't provide enough documentation to prove their marriage was genuine
Failure to attend interview: One or both parties didn't appear for the scheduled USCIS interview
Inconsistent answers: The couple gave contradictory information during the interview without USCIS making a fraud finding
Concerns about relationship: USCIS had doubts about the marriage but didn't make a formal fraud determination
Petitioner eligibility issues: The U.S. citizen petitioner didn't meet income requirements or other eligibility criteria
Beneficiary inadmissibility: The foreign spouse had other grounds of inadmissibility (criminal history, prior immigration violations)
Section 204(c) findings require:
A specific determination: USCIS or an immigration judge must explicitly find that the individual "attempted or conspired to enter into a marriage for the purpose of evading the immigration laws"
Written documentation: The finding must be documented in the denial notice or decision
Evidence of fraud intent: There must be evidence showing the marriage was entered into specifically to obtain immigration benefits, not just that the relationship failed or lacked sufficient documentation
Key takeaway: If your prior petition was simply denied without USCIS making a specific fraud finding, you can file a new petition with a different or subsequent spouse. The prior denial may cause increased scrutiny, but it doesn't create an automatic bar unless section 204(c) was invoked.
Attorney Vail's Screening Process: Verifying No Section 204(c) Finding
When R.J. consulted with Attorney Alexander R. Vail, the first critical step was screening the case to determine whether a section 204(c) finding had been made in connection with the prior denied petition.
Attorney Vail's screening process:
Obtain prior case documentation: Request copies of the denial notice, any USCIS correspondence, interview notes, and final decision from the prior petition
Review denial language carefully: Examine whether the denial specifically cites section 204(c) or makes findings about marriage fraud
Check USCIS records: File Freedom of Information Act (FOIA) requests if necessary to obtain complete immigration file
Analyze the grounds for denial: Determine whether the denial was based on insufficient evidence, procedural issues, or fraud findings
Verify no formal fraud determination: Confirm that USCIS did not make a specific finding that the prior marriage was entered into to evade immigration laws
In R.J.'s case, Attorney Vail's careful screening confirmed that no section 204(c) finding had been made. The prior petition had been denied, but USCIS had not made any determination that the marriage was fraudulent. This verification was crucial, it meant that R.J. was not barred from pursuing permanent residence with his current spouse.
With this assurance, Attorney Vail walked R.J. and his spouse through the adjustment of status process, explaining:
R.J. remained eligible to pursue adjustment of status as the spouse of a U.S. citizen
The prior denied petition would not create an automatic bar
USCIS might review the new petition more carefully, but R.J. could succeed with proper documentation
The key was demonstrating that his current marriage was genuine and bona fide
Building a Strong Case Despite Prior Immigration History
Having a prior denied marriage petition in your immigration file will typically result in heightened scrutiny of any subsequent petition. USCIS adjudicators are trained to be cautious when they see previous marriage-based petitions that were denied or withdrawn.
Attorney Vail's strategy for addressing this challenge:
1. Comprehensive marriage documentation: Compile extensive evidence proving the bona fides of R.J.'s current marriage, including:
Joint financial accounts and shared financial responsibility documentation
Joint lease or mortgage documents showing shared residence
Utility bills, insurance policies, and other documents in both names
Photographs documenting the relationship timeline and family integration
Affidavits from friends and family attesting to the genuine relationship
Evidence of vacations, holidays, and daily life together
Communication records showing relationship development
2. Address the prior petition proactively: Rather than hoping USCIS wouldn't notice, Attorney Vail prepared a clear explanation:
Acknowledge the existence of the prior petition
Explain that it was denied but without any fraud finding
Distinguish the current marriage from the prior relationship
Demonstrate the legitimacy of the current marriage with strong evidence
3. Ensure complete statutory eligibility: Verify all requirements for adjustment of status under section 245(a) of the INA
4. Thorough interview preparation: Prepare both spouses for detailed questioning about:
Their current relationship and marriage
The circumstances of R.J.'s prior marriage and its ending
Differences between the prior and current relationships
Any questions USCIS might have about immigration history
This comprehensive preparation demonstrated to USCIS that R.J.'s current marriage was genuine and that he was pursuing permanent residence through legitimate channels.
Understanding B Nonimmigrant Status and Adjustment Eligibility
R.J. had last entered the United States as a B nonimmigrant (tourist or business visitor). This entry status is significant for adjustment of status eligibility.
Key points about B nonimmigrant status and adjustment:
Entry must be lawful: To adjust status, you generally must have been admitted or paroled into the United States. R.J.'s entry as a B nonimmigrant satisfied this requirement.
Intent at entry: B visitors are supposed to have temporary intent. If someone enters as a B visitor with the preconceived intent to marry and adjust status, this could be considered visa fraud or misrepresentation.
90-day rule: USCIS applies a "90-day rule" presuming that if someone enters as a B visitor and marries or adjusts status within 90 days, they may have had immigrant intent at entry. However, this is a rebuttable presumption.
Immediate relatives can adjust: As the spouse of a U.S. citizen (an immediate relative), R.J. was eligible to adjust status even after entering as a B nonimmigrant, provided there was no evidence of visa fraud.
In R.J.'s case, there were no issues with his B nonimmigrant entry. He had entered legally, been admitted by a U.S. immigration officer, and later married a U.S. citizen. The adjustment of status process proceeded smoothly under section 245(a).
The USCIS Interview and Approval Process
Following Attorney Vail's guidance, R.J. and his spouse filed a comprehensive adjustment of status package. USCIS scheduled an interview to verify the marriage and confirm R.J.'s eligibility.
What happened at the interview:
Both spouses attended: R.J. and his U.S. citizen spouse appeared together for questioning
Questions about current marriage: The immigration officer asked detailed questions about their relationship, daily life, and future plans
Prior marriage addressed: USCIS asked about R.J.'s previous marriage and the denied petition, allowing R.J. to explain the circumstances and distinguish it from his current genuine relationship
Evidence reviewed: The officer reviewed the comprehensive documentation of marriage bona fides
Credible testimony: Both spouses provided consistent, believable answers demonstrating genuine knowledge of each other's lives
Shortly after the interview, USCIS approved R.J.'s adjustment of status application. R.J. is now a lawful permanent resident of the United States, able to:
Live and work permanently in the United States
Travel internationally with a U.S. green card
Build his life with his spouse without immigration concerns
Apply for U.S. citizenship after meeting naturalization requirements
Common Questions About Section 204(c) and Prior Denied Petitions
Q: If my previous marriage petition was denied, am I permanently barred?
A: No, not automatically. A denied petition alone does not create a permanent bar. You can file a new petition with a different or subsequent spouse unless USCIS made a specific section 204(c) finding that your prior marriage was fraudulent. Most denials are based on insufficient evidence or other issues, not fraud findings.
Q: How do I know if section 204(c) was applied to my case?
A: Review your denial notice carefully. If section 204(c) was invoked, USCIS must have explicitly stated that they determined you "attempted or conspired to enter into a marriage for the purpose of evading the immigration laws." This language must be present in the decision. If your denial cited other reasons (insufficient evidence, failure to attend interview, concerns about the relationship), section 204(c) likely was not applied.
Q: Can I overcome a section 204(c) finding?
A: Section 204(c) is a permanent bar with no waiver available. If USCIS or an immigration judge has made this finding, you cannot receive approval of any future immigrant visa petition. However, you may be able to challenge the finding through appeals or motions if you believe it was made in error.
Q: Will USCIS automatically scrutinize my new petition more carefully?
A: Yes, typically. When USCIS sees that you have a prior denied or withdrawn marriage-based petition, they will likely examine your new petition more carefully to ensure the current marriage is bona fide. This is why comprehensive documentation and strong evidence of your genuine relationship are essential.
Q: Should I mention my prior denied petition in my new application?
A: Yes, you must answer immigration forms truthfully. Applications ask about prior petitions filed on your behalf. Failing to disclose a prior petition constitutes misrepresentation and can lead to permanent inadmissibility. It's better to acknowledge the prior petition and distinguish your current genuine marriage.
Q: How long should I wait after a denied petition before filing a new one?
A: There is no mandatory waiting period unless section 204(c) was applied. However, filing a new petition immediately after a denial (especially with a different spouse) may raise concerns. The timing should be natural based on when you genuinely meet, develop a relationship with, and marry someone new, not on immigration strategy.
Key Legal Principles: Section 204(c) and Marriage-Based Immigration
Section 204(c) is narrow but permanent: The bar only applies when there has been a specific finding of marriage fraud, but when it does apply, it's permanent with no waiver.
Most denials don't trigger section 204(c): Denied petitions based on insufficient evidence, procedural issues, or general concerns do not create section 204(c) bars.
Screening is critical: Before filing a new petition, carefully review prior immigration history to determine whether section 204(c) applies.
Heightened scrutiny requires strong evidence: When you have a prior denied petition, USCIS will examine your new case more carefully, making comprehensive documentation essential.
Honesty and transparency matter: Acknowledge prior petitions and address them directly rather than hoping USCIS won't discover them.
Attorney Alexander R. Vail's Expertise in Complex Marriage Cases
Matter of R.J. demonstrates Attorney Vail's meticulous approach to marriage-based immigration cases involving prior immigration history. This case required:
Careful screening to verify no section 204(c) finding existed
Obtaining and reviewing prior case documentation thoroughly
Providing accurate legal guidance about R.J.'s eligibility despite prior denied petition
Building confidence in a concerned client by explaining the legal distinction between denial and section 204(c)
Comprehensive marriage documentation anticipating heightened USCIS scrutiny
Strategic preparation addressing prior marriage proactively
Thorough interview preparation for detailed questioning
Professional representation resulting in post-interview approval
Attorney Vail's practice emphasizes thorough case analysis before proceeding with any immigration matter. R.J.'s concerns about the prior denied petition were legitimate, and many people in similar situations incorrectly assume they are permanently barred from immigration benefits. Attorney Vail's careful screening confirmed that R.J. remained eligible, and his strategic approach ensured USCIS approved the case despite the complicated immigration history.
This case also illustrates the importance of proactive transparency. Rather than hoping USCIS wouldn't notice the prior petition, Attorney Vail prepared the application to acknowledge it while demonstrating the legitimacy of R.J.'s current marriage. This approach builds credibility with USCIS and addresses potential concerns directly.
Marriage-Based Immigration Services in Las Vegas, Nevada
If you or your spouse is seeking lawful permanent residence through marriage, particularly with concerns about prior denied petitions, previous marriages, or section 204(c) issues, experienced legal representation is essential. The Law Office of Alexander R. Vail provides comprehensive marriage-based immigration services, including:
Section 204(c) screening and prior case review
FOIA requests to obtain complete immigration files
Marriage-based immigrant visa petitions (Form I-130)
Adjustment of status applications (Form I-485) for spouses in the United States
Comprehensive marriage documentation and bona fides evidence
Strategic case preparation addressing prior immigration history
Marriage interview preparation and representation
Responses to USCIS Requests for Evidence (RFEs)
Removal of conditions on residence (Form I-751)
Appeals of denied petitions
Consultation for cases involving prior denied petitions or complex histories
Attorney Alexander R. Vail has successfully represented numerous couples in marriage-based immigration cases, including situations involving prior denied petitions, multiple marriages, concerns about fraud allegations, and other complexities. Every case begins with thorough screening to assess eligibility and identify potential obstacles before filing.
About the Law Office of Alexander R. Vail
Located in Las Vegas, Nevada, the Law Office of Alexander R. Vail provides dedicated representation in marriage-based and other family immigration matters. Attorney Vail's practice emphasizes:
Careful screening to identify potential bars before filing
Accurate legal analysis of complex immigration histories
Clear communication about eligibility and potential obstacles
Strategic case preparation that addresses concerns proactively
Professional representation before USCIS
Whether your immigration situation is straightforward or involves prior denials, multiple marriages, or other complications, Attorney Vail provides the careful analysis and strategic representation needed to achieve successful outcomes. Navigating the complexities of immigration law requires experience and expertise. Call us at (725) 221-5998 or reach us online for a free consultation.
This case summary is provided for informational purposes only and does not constitute legal advice. Every immigration case depends on unique facts and circumstances. Past results do not guarantee future outcomes. If you need legal assistance, please contact a qualified immigration attorney to discuss your specific situation.