We won on Appeal against USCIS for an improper denied Petition for Spouse (June 2021)
In a May 2021 decision rendered by the Board of Immigration Appeals (BIA), Attorney Nguyen D. Luu obtained a rare decision from the BIA reversing a USCIS denial decision of form I-130.
The BIA reversed USCIS’s previous denial decision and remanded the matter. Our client is a U.S. Citizen. He filed an I-130 Petition Alien Relative or his wife. The couple was interviewed by US Consulate Officers abroad in connection with their immigrant visa application. Unfortunately, due to some inconsistencies in the couple's testimonies, US Consulate denied the visa application and their I-130 petition was revoked by USCIS.
In the revocation decision, USCIS claimed that the couple did not have a bona fide marriage. After reviewing the record, Attorney Nguyen Luu, filed form EOIR-29 and appealed the denial decision with the BIA and submitted a supporting legal brief. The appeal briefs clearly established that our clients have met the burden of proof of bona fide marriage and USCIS erred in revoking the visa petition as a matter of law and decision was unfair, lacked common sense, abuse of discretion, arbitrary, capricious, and contrary to law.
In its decision, the Board stated: "On this record, including the response to the NOIR, we cannot affirm a finding that the record demonstrates good and sufficient cause for revocation. Thus, we will remand the record for the Director to reevaluate her findings."
The Board subsequently reversed the USCIS's decision and remand the matter back to USCIS. We are very pleased that we were able to successfully achieve a favorable result for our clients.
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