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willdivorcevisa
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Bazzi v. Holder

Facts

Ihsan Bazzi, a Lebanese national, was married to Adla in 1975 and obtained a divorce in 1986. After the divorce, Bazzi applied for an immigrant visa, but the consular officer raised suspicions due to conflicting statements from Bazzi and Adla regarding their relationship. Evidence suggested that the divorce was a sham intended to facilitate Bazzi's immigration. Despite Bazzi's claims of being divorced, the immigration judge found that he had willfully misrepresented his marital status, leading to the denial of his application for adjustment of status.

The petitioner, Ihsan Bazzi, and his purported ex-wife, Adla, were married in 1975 in Lebanon. During their marriage, they lived in Lebanon while Bazzi served in the South Lebanese Army. In 1986, following the birth of five of their six children, Mr. and Mrs. Bazzi obtained a divorce from a Lebanese court allegedly because the then-Mrs. Bazzi did not want to accompany him to the United States. Shortly after the divorce was obtained, Adla gave birth to their sixth child.

Issue

Did the immigration judge err in finding that Bazzi willfully misrepresented a material fact regarding his marital status, rendering him inadmissible under the Immigration and Nationality Act?

Did the immigration judge err in finding that Bazzi willfully misrepresented a material fact regarding his marital status, rendering him inadmissible under the Immigration and Nationality Act?

Rule

Under 8 U.S.C. 1182(a)(6)(C)(i), an alien is inadmissible if he willfully misrepresents a material fact in seeking to procure a visa or immigration benefit.

Under 8 U.S.C. 1182(a)(6)(C)(i), an alien is inadmissible if he willfully misrepresents a material fact in seeking to procure a visa or immigration benefit.

Analysis

The court found that substantial evidence supported the immigration judge's conclusion that Bazzi's divorce was a sham and that he misrepresented his marital status. Conflicting testimonies from Bazzi and Adla, along with corroborating statements from family members, indicated that Bazzi had not been truthful about his relationship status. The immigration judge's determination of willful misrepresentation was based on clear, convincing evidence, including the nature of the divorce and Bazzi's actions following it.

The IJ found that Bazzi willfully misrepresented a material fact, basing his decision on what could be fairly described as a litany of evidence presented at hearings conducted in July 2009 and February 2010.

Conclusion

The court denied Bazzi's petition for review, affirming the immigration judge's decision that Bazzi's application for adjustment of status was properly denied due to willful misrepresentation.

For the reasons set forth above, we DENY Bazzi's petition for review.

Who won?

The government prevailed in the case, as the court upheld the immigration judge's findings of willful misrepresentation and the denial of Bazzi's application for adjustment of status.

The government prevailed in the case, as the court upheld the immigration judge's findings of willful misrepresentation and the denial of Bazzi's application for adjustment of status.

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