remanded
EB-2 NIW
remanded EB-2 NIW Case: Medicine
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Decision Summary
The AAO reopened the case, applied a newer, higher standard of proof from Matter of P. Singh, and concluded that the evidence of a prior fraudulent marriage was not 'substantial and probative' enough to bar the petition under INA section 204(c). The prior dismissal was withdrawn and the case was remanded for the Director to adjudicate the petitioner's eligibility for the physician national interest waiver, which had not been previously considered.
Criteria Discussed
Marriage Fraud Bar Under Ina 204(C) Physician National Interest Waiver Eligibility
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