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