remanded
EB-2
remanded EB-2 Case: Clinical Psychology
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Decision Summary
The director's decision to revoke the approved petition was withdrawn and the matter was remanded. The AAO found the revocation, which was based on a finding of marriage fraud, to be premature because the beneficiary had a Motion to Reconsider pending on that finding. Therefore, the director lacked the 'good and sufficient cause' required for revocation until a final decision was issued on the motion.
Criteria Discussed
Revocation For Good And Sufficient Cause (Ina 205) Marriage Fraud (Ina 204(C)) Petitioner'S Continued Existence Bona Fide Job Offer Automatic Revocation
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