EB-3 Dismissed — Culinary Arts (2006): the beneficiary was found to be inadmissible under Section

Decision Summary

The appeal was dismissed because the beneficiary was found to be inadmissible under Section 204(c) of the Act due to a prior fraudulent marriage petition. The director found substantial evidence that the beneficiary had previously attempted to gain an immigration benefit through a marriage entered into for the purpose of evading immigration laws. The AAO upheld this decision, noting that the beneficiary had signed and filed an adjustment of status application based on the marriage and had received a work permit, which constituted an attempt to gain a benefit, regardless of whether the marriage itself was legally valid.

Criteria Discussed

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