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Keywords

affidavitmotionsummary judgmentdivorceimmigration lawvisamotion for summary judgment
affidavitmotionsummary judgmentimmigration lawvisamotion for summary judgment

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Liu v. Lynch

Facts

Liu was married to a Chinese citizen from 1988 to 2001 before entering the U.S. on a B-1 visa. She married Jimmy Tran in 2002, who was already married to two other women at the time. Liu and Tran's marriage was short-lived, leading to a divorce in 2004. In 2007, Liu married Ho Yin Lam, who filed an I-130 petition for her. The USCIS investigated Tran's previous marriages and concluded that Liu's marriage to Tran was fraudulent, which led to the denial of Lam's petition.

Liu was married to a Chinese citizen, in China, from 1988 to 2001. In 2001, Liu entered the United States on a B-1 visa. Liu met Jimmy Tran in 2002 in the United States. Tran was born in Vietnam and became an American citizen in June 1995.

Issue

Did Liu's prior marriage to Jimmy Tran constitute marriage fraud that would bar her from obtaining a visa through her subsequent marriage to Ho Yin Lam?

Did Liu's prior marriage to Jimmy Tran constitute marriage fraud that would bar her from obtaining a visa through her subsequent marriage to Ho Yin Lam?

Rule

Under 8 U.S.C. 1154(c), a visa petition cannot be approved if the beneficiary has previously entered into a marriage for the purpose of evading immigration laws.

Under 8 U.S.C. 1154(c), a visa petition cannot be approved if the beneficiary has previously entered into a marriage for the purpose of evading immigration laws.

Analysis

The court analyzed the evidence presented, including Liu's and Tran's affidavits, and found that the substantial evidence indicated that Liu's prior marriage was indeed a sham intended to circumvent immigration laws. The court noted that Tran's history of multiple marriages and the circumstances surrounding Liu's marriage to him supported the conclusion of marriage fraud.

The court analyzed the evidence presented, including Liu's and Tran's affidavits, and found that the substantial evidence indicated that Liu's prior marriage was indeed a sham intended to circumvent immigration laws.

Conclusion

The court granted the government's motion for summary judgment, affirming the denial of the I-130 petition filed by Lam on Liu's behalf due to the finding of marriage fraud.

The court grants the government's motion for summary judgment and denies Liu's and Lam's cross-motion.

Who won?

The government prevailed in the case because the court found that Liu's prior marriage was fraudulent, which barred her from obtaining a visa.

The government moved for summary judgment, arguing that Liu had entered into a previous marriage 'for the purpose of evading the immigration laws' and that the USCIS was required to deny the I-130 petition as a result.

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