EB-3 Dismissed — Culinary (2007): the beneficiary was found to be statutorily ineligible for

Decision Summary

The appeal was dismissed because the beneficiary was found to be statutorily ineligible for the approval of the petition under section 204(c) of the Act due to a prior fraudulent marriage-based petition. The AAO found the beneficiary's claim of being unaware of the fraudulent filing was not credible, as evidence showed he signed related applications, obtained an Employment Authorization Document, and applied for a Social Security number based on that fraudulent filing.

Criteria Discussed

Sign up free to download the original PDF