Matter of Anthonia Betty Nwagwu

Summary

The Board of Immigration Appeals dismissed an appeal from the revocation of an approved visa petition filed on behalf of the beneficiary as the spouse of a United States citizen. The Board held that substantial and probative evidence established that the beneficiary’s prior marriage was fraudulent, providing good and sufficient cause for revocation under sections 204(c) and 205 of the Immigration and Nationality Act.

Holdings

1. Good and sufficient cause existed under section 205 of the INA to revoke the prior approval of the visa petition because the record, including the explanatory and rebuttal evidence, warranted denial based on the petitioner's failure to sustain the burden of proof.
2. An affirmative finding that the beneficiary's prior marriage was entered into for the purpose of evading the immigration laws was supported by substantial and probative evidence.

Questions Presented

1. Whether there was good and sufficient cause under section 205 of the INA to revoke the prior approval of the visa petition.
2. Whether the record contained substantial and probative evidence establishing that the beneficiary's prior marriage was entered into for the purpose of evading the immigration laws under section 204(c) of the INA.

Disposition

dismissed