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Immigration Law

AAO I-212 Victory in Michigan

Sarah E. Murphy writes: " The AAO reversed the decision of the USCIS Detroit field office director, which denied the application for permission to reapply for admission after removal [Form I-212], and concluded that the applicant had established that a favorable exercise of discretion is warranted.   The applicant was ordered removed based upon the IJ finding that he had entered into a marriage for the purpose of obtaining immigration benefits.  While the AAO considered it a negative factor that the applicant had failed to rebut the presumption of marriage fraud, the AAO also acknowledged that the weight accorded the marriage fraud finding is reduced due to the substantial countervailing evidence presented by the applicant on appeal, including statements from numerous individuals with knowledge of the marriage.  The positive factors cited by the AAO in support of its decision include: significant family ties to the U.S.; lack of criminal record; owner of U.S. business and employer of U.S. citizens; beneficiary of approved Form I-129, H-1B nonimmigrant visa petition; length of time since alleged fraudulent marriage (10 years); and demonstration of good moral character for the past 10 years." - Matter of X-, Feb. 6, 2012.  [A very interesting case, worth reading in full.  Hats off to Sarah Murphy for excellent advocacy!]

Sarah E. Murphy, Esq.

Serotte Reich Wilson, LLP.

300 Delaware Avenue | Buffalo, New York 14202

Tel: 716-854-7525 | Fax: 716-854-0294