Victim of Marriage Fraud Forced to Undergo Psychological Evaluation for Informing Feds of Fraud

An ICVA Victim, we will call her "VictimJA1," was forced to undergo a psychological evaluation due to her having exercised her right to inform the Federal Government of a federal crime committed against her: one-sided immigration marriage fraud. 

VictimJA1 discovered her (now ex) husband, had defrauded her into marriage merely to obtain a green card. VictimJA1 informed United States Citizenship and Immigration Services (USCIS) of the fraud committed against her and requested to withdraw her I-864, financial affidavit of support, and then went on to divorce her husband who had defrauded her. At the same time her ex-husband signed over full legal and physical custody of their daughter. 

Upon receipt of VictimJA1's letter, USCIS terminated her alien ex-husband's conditional permanent residency. That action ignited her ex-husband to commit an onslaught of retaliatory actions against VictimJA1, including multiple threats to "go after custody" if VictimJA1 did not agree to lie to USCIS and make claims that their marriage was in "good faith" which is completely contrary to the statement and evidence VictimJA1 had already submitted to USCIS. 

Victim JA1 refused, and instead filed a complaint with the MN Office of Lawyers Professional Responsibility (OLPR) against her ex-husband's attorney, for her involvement in the harassment and the threats.

The OLPR dismissed the complaint, refusing to investigate, yet still provided a copy to her ex's attorney. 3 business days after her ex-husband's attorney received the complaint, she advised VictimJA1's ex-husband to file a malicious and frivolous civil proceeding against VictimJA1, and included a full copy of the OLPR complaint demanding VictimJA1 pay for having filed it.

VictimJA1's ex-husband and attorney also demanded VictimJA1 be stripped of full legal and physical custody of her daughter, and that immediate emergency custody be granted to her ex-husband for (1) informing USCIS of the fraud her ex-husband had committed against her, (2) maintaining a blog about the process and (3) filing a complaint against her ex's attorney, all of which fall under the FIRST AMENDMENT: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." (see below)

USCIS refused to protect VictimJA1 from the retaliation/tampering, claiming they had "no policy" that allowed them to protect witnesses/informants, and ultimately VictimJA1 requested to have all information she supplied to USCIS withdrawn and stricken from the record, for fear that any information provided would continue to be used against her to take her daughter from her.

Instead of protecting VictimJA1 from retaliation, USCIS approved her ex-husband's 10 year green card extension. Just days later, VictimJA1's ex-husband dismissed all of his false allegations against VictimJA1. Clearly, her ex-husband's retaliatory actions were out of desperation to obtain a green card at all costs. 


Copy of the motion to modify custody, outlining the reason for requesting a psychological evaluation of VictimJA1:




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