Friday, January 15, 2016

Removal Based on Marriage Fraud Upheld

Vladimirov v. Lynch, 2015 WL 6903447 (11/10/15) (Published) - The 10th upholds a removal based on marriage fraud. It was okay to admit a USCIS officer's report of a visit to Mr. Vladimirov's home where she found his ex-wife's stuff and not his wife's and Mr. Vladimirov admitted his marriage was a sham. The officer's absence was legitimate, although not explained in the opinion, and "seemingly reliable" hearsay is admissible and should not be rejected just because it is hearsay, the 10th says. The wife's withdrawal of a petition for Mr. Vladimirov's admission was not coerced where the officer confronted her with Mr. Vladimirov's confession and informed her she would be jailed if she did not tell the truth about the marriage. Informing someone of the legal consequences of marriage fraud and perjury is not coercive, the 10th asserts.