On October 31, 2007, Board of Immigration Appeals(BIA) remanded an appeal of an I-130 visa petition denial by San Francisco District Director with instruction to consider relevant evidence.
Our client married a USC and she filed I-130 petition for him. After the interview, CIS denied the petition. CIS main reason is that there were several discrepancies in their responses to officer's questions at the interview.
BIA, in its decision remanding the case back to San Francisco District Office for further processing, states that the district office failed to follow 8 CFR section 204.1(h) in allowing our clients the opportunity to respond to derogatory information.BIA states that several "discrepancies" concern relatively minor areas of disagreement and the district director did not discuss the areas which the parties provided consistent response.
It has been a practice of CIS San Francisco Office to heavily rely on interview and overlook any other evidence in determining the bona fides of a marriage. We have another similar appeal currently pending at BIA.
The remand has given our clients a chance to prove their marriage and is a victory and vindication of our position that CIS San Francisco did not follow the regulations and settled case laws in the 9th Circuit.