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Category Archives: Immigration Marriage Fraud Amendments Act of 1986
CA7 upholds finding of marriage fraud making adjustment applicant inadmissible and ineligible for adjustment of status
Record contained sufficient evidence to support IJ’s denial of alien’s application to become lawful permanent resident, where IJ found that alien’s marriage to U.S. citizen was sham. IJ’s finding was largely based on testimony that alien’s wife was in long-term … Continue reading
CA7 denies I-751 extreme hardship waiver because an alien has no protected liberty interest in discretionary immigration relief
CA7 Denies Extreme-Hardship Waiver for Petitioner Convicted of Marriage Fraud. The court denied the petition for review, finding that the petitioner’s due process argument failed because he had no legitimate claim of entitlement to an extreme-hardship waiver under INA §216(c)(4). … Continue reading
Marriage Fraud Doctrines.
This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were … Continue reading
Motion to terminate removal proceeding, Sham marriage No. 08-1512. SURGANOVA v. HOLDER US 7th Circuit
In a petition for review of the BIA’s order denying petitioner’s motion to terminate her removal proceedings and concluding that she was removable because her marriage was a sham, the petition is denied where: 1) the account she presented bore … Continue reading
Immigration Marriage fraud, misuse of visas
Marriage Fraud: Marriage fraud has been prosecuted, inter alia, under 8 U.S.C. § 1325 and 18 U.S.C. § 1546(a). The Immigration Marriage Fraud Amendments Act of 1986 amended § 1325 by adding § 1325(c), which provides a penalty of five … Continue reading