The Board of Immigration Appeals has determined that good and sufficient cause existed to revoke approval of a spousal visa petition where the record contained substantial and probative evidence of marriage fraud in the beneficiary’s prior marriage. The evidence included a sworn affidavit from the prior spouse admitting that the marriage was fraudulent and a contemporaneous government memorandum corroborating that admission.
The Board dismissed the appeal and affirmed the revocation. The Board found that later exculpatory letters did not overcome the earlier contemporaneous evidence, and that a marriage certificate alone did not establish that the prior marriage was bona fide. The Board concluded that the INA 204(c) marriage fraud bar applied, despite evidence that the petitioner may have been suffering cognitive decline at the time of his accusatory statement.
The full text of Matter of Nwagwu can be found here: https://www.justice.gov/eoir/media/1442531/dl?inline