dismissed EB-2 (NIW) RFE Issued
Others
Others · 2024-05-17
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Proposed Endeavor
The record does not describe the specific proposed endeavor because the adjudication focused exclusively on the marriage fraud prohibition under section 204(c) of the Act.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to rebut evidence of marriage fraud from a previous Form I-130 filing. The record contained inconsistent testimony, invalid divorce documents for the spouse, and shared addresses with a former spouse, establishing that the marriage was entered into to evade immigration laws. Consequently, section 204(c) of the Act precludes the approval of any immigrant petition.
Request for Evidence (RFE)
Unsuccessfully AddressedThe NOID informed the Petitioner of substantial evidence of marriage fraud; the Petitioner responded by challenging the legal authority to raise the issue rather than the facts of the marriage.
RFE Targets
evidence authenticity
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Frequently Asked Questions
A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-17.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
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