EB-3 Remanded — Agriculture: the director revoked the approval of an I-140 petition,

Decision Summary

The director revoked the approval of an I-140 petition, alleging the beneficiary had previously engaged in marriage fraud, which would bar the petition's approval under INA Section 204(c). The AAO found the director's basis for the fraud determination was not sufficiently supported by the evidence in the record. The case was remanded for the director to fully adjudicate the petition and provide the petitioner an opportunity to respond to any derogatory information.

Criteria Discussed

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