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EOIR-29 Appeal to the Board of Immigration Appeals GRANTED
Sep 21, 2018
In a September 2018 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. The client is a U.S. Citizen. He filed an I-130 Petition Alien Relative and I-485 Adjustment of Status for his Wife. The couple was interviewed by USCIS in connection with their application for an excruciating 6 hours.
After the interview, the interviewing Officer issued a denial decision stating that the couple’s testimony was not credible. After reviewing the record, Attorney Nguyen Luu, appealed the denial decision with the BIA and submitted a supporting legal brief.
The appeal briefs clearly established that the clients have met the burden of proof of bona fide marriage and USCIS erred in denying the visa petition as a matter of law and decision was unfair, lacked common sense, abuse of discretion, arbitrary, capricious, and contrary to law.
Attorney Nguyen Luu presented substantial evidence and extensive supporting documents showing that the USCIS interview officer abused her discretion in adjudicating the client’s petition. For instance, during the interview, the Officer clearly imposed her opinion about what a "real' marriage is or should be or how parties in such a marriage should behave. Then in her decision letter, the Officer:
(1) misstated the couple’s testimonies on many occasions;
(2) arbitrarily selected certain evidence but failed to take into account other positive evidence;
(3) failed to properly document the facts of the case;
(4) completely invented a set of statements of fact made by the parties during a purported interview, when in fact, the record reflects that there was no such interview took place;
(5) misstated the Receipt number of the Petitioner I-130 on the denial letter;
(6) as one of her most outrageous and strangest conduct, the Officer advised the client that he had no right to appeal her denial decision of his I-130 petition in an attempt to circumvent the client from having her decision's reviewed by the BIA.
The Board subsequently reversed the Officer’s decision and remand the matter back to USCIS.
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