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Immigration Law

204(c) Victory in E.D.N.Y. - Ong v. Cioppa

H. Raymond Fasano writes: "Attached please find a decision from the EDNY that I won yesterday.  The district court Judge, LeShann DeArcy Hall held that INA Sec. 204(c) has an impermissible retroactive effect if it is applied to a marriage fraud that occurred prior to the enactment of the 1986 Immigration Marriage Fraud Amendments to 204(c).  In 1985 the beneficiary of an I-130 petition withdrew his application when the couple was confronted with the fraud. Back in 1985 the fraud bar did not apply since he did not have a benefit granted to him as a result of the fraud.  In 2011 he married another citizen and the application was denied citing the marriage fraud.  We appealed the BIA’s affirmance of the denial of the I-130 and prevailed."

Ong v. Cioppa