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FRAUD / MISREPRESENTATION
Fraud & Misrepresentation Ground of Inadmissibility
Inadmissibility for fraud or misrepresentation under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2018).
Willful Misrepresentation
Matter of O-M-O-, 28 I&N Dec. 191, 196 (BIA 2021)
Cooper v. Harris, 137 S. Ct. 1455, 1465 (2017)
Matter of MENSAH, 28 I&N Dec. 288 (BIA 2021)
Materiality of a Statement
See Matter of Munroe, 26 I&N Dec. 428, 430 (BIA 2014).
Matter of MENSAH, 28 I&N Dec. 288 (BIA 2021)
Authority to Inquire into Bona Fides of Marriage at Adjustment of Status
See MARRIAGE FRAUD for more on this.
Matter of Bosuego
Matter of Bosuego, 17 I&N Dec. 125 (BIA 1979, 1980)
In Matter of Bosuego, the Board concluded that the materiality requirement in former section 212(a)(19) was satisfied if one of the following was true:
1. “The alien is excludable on the true facts”; or
2. “The misrepresentation tends to shut off a line of inquiry which is relevant to the alien’s eligibility and which might well have resulted in a proper determination that he be excluded.” Id. at 127.
Matter of Y-L-
Matter of Y-L-, 24 I&N Dec. 151, 159 (BIA 2007) [PDF version]
Matter of D-R-
Matter of D-R-, 25 I&N Dec. 445 (BIA 2011) (“Matter of D-R- 2011”) [PDF version]
Matter of KAGUMBAS, 28 I&N Dec. 400 (BIA 2021)
An Immigration Judge has the authority to inquire into the bona fides of a marriage when considering an application for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2018).