EB-3 Remanded — Nursing (2023): the Director's decision was withdrawn and the case was

Decision Summary

The Director's decision was withdrawn and the case was remanded because the Director did not apply the correct standard of proof when determining if the beneficiary engaged in a fraudulent marriage. The AAO found the Director failed to establish that the marriage was 'more than probably' fraudulent, as required by precedent, and instructed the Director to re-evaluate the case using the correct legal standard.

Criteria Discussed

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