remanded
EB-2
remanded EB-2 Case: Computer Science
Decision Summary
The director denied the petition based on the marriage bar under INA § 204(c), finding the beneficiary had previously entered into a fraudulent marriage to evade immigration laws. The AAO determined there was not substantial and probative evidence to support this finding, withdrew the director's decision, and remanded the case for adjudication on its underlying merits, namely whether the beneficiary qualifies as an advanced degree professional for the offered position.
Criteria Discussed
Marriage Fraud Bar (Ina 204(C)) Advanced Degree Professional Progressive Experience
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your EB-2 petition with AAO precedents
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.