remanded
EB-2 NIW
remanded EB-2 NIW Case: Agronomy
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Decision Summary
The appeal was remanded because the Director applied an incorrect legal standard to determine if the petitioner had engaged in a fraudulent marriage, which would bar the petition's approval under Section 204(c) of the Act. The Director used a 'reasonable inference' standard, whereas the AAO clarified the correct, higher standard is 'substantial and probative evidence.' The case was sent back to be re-adjudicated under the proper legal framework.
Criteria Discussed
Substantial Merit And National Importance Well-Positioned To Advance The Proposed Endeavor Balance Of Factors Favoring Waiver Section 204(C) Marriage Fraud Bar
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