remanded
EB-3
remanded EB-3 Case: Culinary Arts
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Decision Summary
The Director denied the petition, finding the beneficiary ineligible due to a prior marriage entered into for the purpose of evading immigration laws, per INA section 204(c). The AAO remanded the case, concluding that the record lacked substantial and probative evidence to support the marriage fraud finding, as the notice of intent to revoke the prior marriage-based petition was never properly served and the revocation was never finalized.
Criteria Discussed
Section 204(C) - Marriage Fraud Bar
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