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The Locus Classicus

June 16th, 2025 upmubanii Posted in Uncategorized | No Comments »

THE LOCUS CLASSICUS:

RFE, NOID, and NOIR Letters from USCIS- should raise Alarm Bells.

Often times Petitioners/ Applicants with pending application before the USCIS tend to ignore or pay minimal attention to requests titled RFE, NOID and NOIR.

To this end, a recipient of such a letter should immediately wear his/her thinking cap, bearing in mind that the case has taken a different shape or dimension.

Section 204 (c), of the Immigration and Nationality Act (INA)

This section prohibits the approval of the visa petition for an Alien who has attempted OR conspired to enter into a marriage to evade the Immigration Laws. The core issue here is whether the marriage was entered into for the purpose of evading the Immigration laws.

IMPACTS OF SECTION 204 (c), of (INA).

  1. You may be denied your current petition.
  2. You may be denied future petitions.
  3. There is the potential for removal from the United States.

ADVICE:
Whenever USCIS sends an RFE, NOID, or NOIR letter to you; ensure that all issues raised in the letter are addressed to the satisfaction of USCIS.

IN THE MATTER OF P. SINGH, 27, I & N Dec.598 (BIA 2019).
The Board of Immigration Appeals (BIA) stated that the standard of proof necessary to bar the approval of a visa petition based on marriage fraud under section 204 (c) of (INA) is “Substantial and probative evidence”.

WHAT IS THE MEANING OF “SUBSTANTIAL AND PROBATIVE EVIDENCE” IN MARRIAGE FRAUD CASES?
The “substantive and probative evidence standard” of proof means that the evidence establishes that it is more than probably true that the marriage is fraudulent.
This standard is higher than the “Preponderance of evidence standard ” and closer to “Clear and convincing evidence” standard.

WHAT IS “PREPONDERANCE OF EVIDENCE STANDARD”?

This standard is used to determine the truth of a civil claim in civil cases, such as contract disputes, negligence claims, or breach of contract.
It is lower than the “beyond a reasonable doubt standard ” used in criminal cases.
It also differs from “the clear and convincing evidence standard,” which requires a higher degree of certainty.

 

                                                                               The Law Offices of Uzoma Ubanii.

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