marriage fraud | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

BIA Issues Decision Clarifying Standard of Proof to Establish Marriage Fraud Under INA §204(c)

Posted on September 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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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Court Upholds BIA’s Determination That Petitioner Entered into Fraudulent Marriage to Procure Adjustment of Status

Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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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Fraudulent Marriage to Procure Adjustment of Status

Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Marriage fraud

Marriage fraud scheme

AOS

Adjustment granted with marriage fraud allegations

Filed under: Marriage Fraud Scheme | Tagged: board of immigration appeals, bona fide marriage, Immigration, Immigration Attorney, Immigration Lawyer, marriage fraud | Leave a comment »

Court Upholds Denial of Adjustment Application Where Marriage Was Not Deemed Bona Fide

Posted on September 22, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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.

https://cbocalbos.wordpress.com/tag/212a6/

https://cbocalbos.wordpress.com/tag/aos/

https://cbocalbos.wordpress.com/tag/petitioner-ineligible-for-aos-for-presenting-us-birth-certificate-and-continuous-physical-presenc/

https://californiaimmigration.us/political-asylum/present-case/

Filed under: Immigration Attorney | Tagged: 212(a)(6), adjustment, AOS, BIA, board of immigration appeals, bona fide marriage, marriage fraud | 2 Comments »

Denial of Due Process Denied

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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.