Category Archives: Marriage Fraud

CA7 upholds IJ denial of continuance to challenge marriage fraud finding and denial of adjustment of status

Posted on September 15, 2016 by Mike Baker

In 2009, the United States Citizenship and Immigration Services (USCIS) determined that Cadavedo, a native of the Philippines, had engaged in marriage fraud. During an interview, Cadavedo’s wife had admitted that Cadavedo had promised to pay her to marry him … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Adjustment of Status, Marriage Fraud, Motion for Continuance | Leave a comment

CA7 remands because alien prejudiced by his inability to cross-examine witness whose evidence on marriage fraud was presented through a written statement

Posted on May 2, 2016 by Mike Baker

KARROUMEH v. Lynch, Court of Appeals, 7th Circuit 2016 Karroumeh was entitled to new hearing on petition seeking his removal based on allegation that he entered into sham marriage for immigration purposes, where he was prejudiced by his inability to … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, cross-examine, Marriage Fraud | Leave a comment

CA7 affirmed denial of I-130 of bona fide marriage on basis of prior fraudulent marriage to another woman

Posted on April 2, 2016 by Mike Baker

Dist. Ct. did not err in granting defendant’s motion for summary judgment in plaintiff-alien’s action challenging immigration authorities’ denial of his request under I-130 petition seeking lawful permanent resident status based upon his marriage to U.S. citizen, where instant denial … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, I-130 petition, I-485 Application to Register Permanent Residence or to Adjust Status, Marriage Fraud | Leave a comment

CA7 upholds finding of marriage fraud making adjustment applicant inadmissible and ineligible for adjustment of status

Posted on April 2, 2016 by Mike Baker

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 →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, I-130 petition, Immigration Marriage Fraud Amendments Act of 1986, Marriage Fraud | Leave a comment

CA7 on burden of proving by a preponderance of the evidence that marriage was bona fide

Posted on June 24, 2015 by Mike Baker

The Board of Immigration Appeals applied too high a burden of proof when it determined that a conditional permanent resident’s marriage was not bona fide and the error warranted remand because the resident testified unequivocally that he did not marry … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, burden of proof, Good-Faith Marriage Waiver, I-751 petition, Joint Petition I-751, Marriage Fraud, Petition for Removal of Conditions on Conditional Residence, Removal of Conditions on Permanent Residency Based on Marriage, Waiver of Joint Petition Application | Leave a comment