EB-3 Remanded — Culinary (2006): the director revoked an approved I-140 petition based on a

Decision Summary

The director revoked an approved I-140 petition based on a prior finding that the beneficiary had engaged in a fraudulent marriage, which is a bar to approval under INA 204(c). The AAO remanded the case because the director failed to follow the correct procedure, specifically by not issuing a Notice of Intent to Revoke as required by 8 C.F.R. § 205.2, which deprived the petitioner of the opportunity to respond.

Criteria Discussed

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