remanded EB-2 (NIW)
Model Validator
Financial Services Business · 2024-10-31
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.
Why This Petition Was Remanded
The Director denied the petition under Section 204(c) of the Act, citing substantial and probative evidence that the Beneficiary's second marriage was fraudulent. This evidence included discrepancies in shared addresses with her second spouse, while she shared multiple addresses with her first spouse during the second marriage, and the withdrawal of the I-130 petition by the second spouse after being confronted with discrepancies. The AAO remanded the case because the Director failed to explicitly apply the "more than probably fraudulent" standard of proof as required by Matter of P. Singh, instead using a lower standard of "reasonable inference."
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Frequently Asked Questions
A remanded EB-2 NIW petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.
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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-31.
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Outcome remanded
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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