The BIA ruled that, when there is probative evidence that a beneficiary’s prior marriage was fraudulent and entered into to evade immigration laws, a subsequent visa petition filed on the beneficiary’s behalf is properly denied under §204(c) of the INA.
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or the District of Maryland held that DOS erred in concluding that a child born in Canada to same-sex, naturalized U.S. citizens via assisted reproductive technology and surrogacy was born out of wedlock under INA §309.
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The BIA issued a decision clarifying the “substantial and probative evidence” standard of proof necessary to bar the approval of a visa petition based on marriage fraud under INA §204(c).
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The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary evidence submitted by DHS was sufficient to prove that the marriage was fraudulent under INA §212(a)(6)(C)(i), and therefore that the petitioner was removable pursuant to INA §237(a)(1)(A).
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The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary evidence submitted by DHS was sufficient to prove that the marriage was fraudulent under INA §212(a)(6)(C)(i), and therefore that the petitioner was removable pursuant to INA §237(a)(1)(A).
Adjustment granted with marriage fraud allegations
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The Seventh Circuit denied the petition for review, finding that substantial evidence supported the IJ’s finding that the petitioner committed marriage fraud, and thus, that he was ineligible for adjustment of status under INA §212(a)(6)(C)(i). The court also found that the IJ did not commit any legal or constitutional error in exercising discretion to deny adjustment of status.
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The Tenth Circuit denied the petition for review, rejecting the petitioner’s claim that the BIA violated his due process rights by relying on evidence from written reports prepared by immigration officers and other written materials contained in the agency’s files to determine that he had entered into a sham marriage in order to obtain lawful permanent resident status.
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Video: Marriage Fraud will get you barred for the rest of your life – Avvo.com http://ping.fm/DQjpc
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A new case on fraudulent marriages
Marriage fraud under INA (204)
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