remanded
EB-3
remanded EB-3 Case: Nursing
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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The Director's decision was withdrawn and the case was remanded because the Director did not apply the correct standard of proof when determining if the beneficiary engaged in a fraudulent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
Marriage Fraud Bar (Ina 204(C)) Standard Of Proof
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