In the Matter of Amicus Invitation No. 17-01-12
IRLI filed a friend-of-the-court brief (on behalf of the Federation for American Immigration Reform (FAIR) with the Board of Immigration Appeals (BIA) to address whether an alien who committed marriage fraud in a prior visa petition can have a subsequent visa petition denied on marriage fraud grounds or whether an independent investigation must be conducted to determine if marriage fraud occurred.
In its brief, IRLI argued that a subsequent visa petition can be denied due to marriage fraud on a prior visa petition if three elements occurred in the prior visa petition process. First, the marriage fraud decision was made in an adversarial setting rather than through an administrative process. Second, the original visa petition must have been denied by the government, rather than withdrawn by the alien. Finally, the marriage fraud issue must have been decided as part of the denial. If all three elements are met, the prior determination of marriage becomes preclusive to the subsequent petition as long as there is clear evidence supporting the prior finding of marriage fraud. These elements ensure the integrity of the visa petition process and discourage aliens from entering fraudulent marriages to enter or remain in the United States.