Russell Abrutyn

Abrutyn Law PLLC

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Berkley, MI 48072

Thursday, December 19, 2013

Sixth Circuit recognizes concept of sham divorce

Bazzi v. Holder, No. 12-3759 (6th Cir. Dec. 19, 2013) (unpublished)

In this case, the noncitizen allegedly lied about whether he had truly divorced his wife in Lebanon before applying for an immigrant visa in the 2B category in 1989.  He was found to have been involved in a sham divorce and was denied a visa.  A few  years later, his ex-wife and their six children immigrated to the U.S. in a petition filed for her as an unmarried child.  They are now citizens.

Bazzi entered without inspected a few years later and applied for adjustment of status, possibly as the parent of an adult USC child.  He was denied on the grounds that he was inadmissible as the result of fraud in sham divorce/1989 immigrant visa proceedings.

The court upheld this finding and in the process also recognized the concept of sham divorces in immigration law. 

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