Our client presented as the beneficiary of a marriage visa petition. The District Director in Orlando, Florida, determined that because our client was allegedly involved in a prior marriage that was considered fraudulent, that she could not benefit from the current marriage with a visa approval according to Section 204(c) of the Immigration and Nationality Act. The determination of the prior marriage fraud was based on a perceived lack of documents and discrepancies during the interview process. After review of the case, we determined that the District Director did not have enough evidence in the record to make the fraudulent marriage finding. We appealed to the Board of Immigration Appeals and they agreed with us and sustained our appeal. The case has been remanded to USCIS in Orlando, Florida with instructions to adjudicate the visa petition under their ruling of no marriage fraud.

Appeal Sustained