Immigration Law

Recent Posts

CA9 on Due Process, Standard of Proof: Zerezghi v. USCIS
Posted on 14 Apr 2020 by Daniel M. Kowalski

Zerezghi v. USCIS "We hold that the BIA violated due process by relying on undisclosed evidence that Zerezghi and Meskel did not have an opportunity to rebut. In making its initial determination of marriage fraud, the BIA also violated due process... Read More

Matter of Singh, 27 I&N Dec. 598 (BIA 2019)
Posted on 24 Aug 2019 by Daniel M. Kowalski

Matter of SIngh, 27 I&N Dec. 598 (BIA 2019) (1) The standard of proof necessary to bar the approval of a visa petition based on marriage fraud under section 204(c) of the Immigration and Nationality Act, 8 U.S.C. § 1154(c) (2012), is “substantial... Read More

CA11 on Statute of Limitations, Marriage Fraud: USA v. Rojas
Posted on 20 Jun 2013 by Daniel M. Kowalski

"Congress’s use of the phrase “enters into” in the explicit language of the statute—an act that can only occur on the singular date that a marriage takes place—upends the district court’s conclusion that marriage... Read More

Unpub. BIA Marriage Fraud Victory: Matter of Kagau
Posted on 20 May 2012 by Daniel M. Kowalski

"While the Notice Of Intent to Deny ("NOID") the previous visa petition questioned the validity of the underlying marriage and referenced the fraud provision under section 204(c) of the Immigration and Nationality Act, 8 U.S.c. § 1154... Read More

BIA Amicus Invitation - Marriage Fraud in Visa Petitions
Posted on 12 Jan 2017 by Daniel M. Kowalski

EOIR, Jan. 12, 2017 - "Amicus Invitation No. 17-01-12 AMICUS INVITATION (MARRIAGE FRAUD IN VISA PETITIONS), DUE FEBRUARY 13, 2017 JANUARY 12, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus... Read More