Record contained sufficient evidence to support IJ’s denial of alien’s application to become lawful permanent resident, where IJ found that alien’s marriage to U.S. citizen was sham. IJ’s finding was largely based on testimony that alien’s wife was in long-term relationship with another woman, that wife lived with said woman while purportedly being married to alien, and that investigators discovered that: (1) wife shared mailbox with other woman and confirmed that she had been separated from alien for two-year period; and (2) residence that alien claimed he shared with wife appeared to be unoccupied. Moreover, alien’s misrepresentation about his marriage made him inadmissible under section 1182(a)(6)(C)(i), and thus alien was ineligible for adjustment of status. Ct. further held that IJ could properly find that alien was not credible during hearing on his application.
Federal 7th Circuit Court
Civil Court
Immigration