The Seventh Circuit has upheld the U.S. Citizenship and Immigration Services‘ (USCIS) decision to deny a Mexican woman’s petition for a visa as the widow of a U.S. citizen. The court found that USCIS was justified in its conclusion that Maria Elvia Smith misrepresented her continued relationship with her ex-husband, which undermined the credibility of her widow petition.
Mexican Nationals Widow Petition :Evidence and Witness Statements
Circuit Judge Michael B. Brennan, writing for a three-judge panel, noted that USCIS did not discuss six witness statements provided by Smith to support her petition. However, the absence of this discussion was deemed reasonable given other evidence that indicated Smith maintained a relationship with her ex-husband, Francisco J. Hernandez Rico. This evidence included Smith’s claim that she never traveled with Rico after their divorce, despite records showing they traveled to Atlanta together the following year.
“Paired with Smith’s inconsistent statements to immigration officers about her relationship with Rico, this information casts a shadow over the statements,” Judge Brennan said.
Allegations of Cohabitation and USCIS Findings
Smith contended that USCIS incorrectly concluded that she was living with Rico while married to her U.S. citizen husband, Arlo Henry Smith Sr. However, Judge Brennan clarified that USCIS did not explicitly rely on this finding. Instead, USCIS and the Board of Immigration Appeals (BIA) provided rational explanations rooted in the record that demonstrated why Smith’s evidence failed to establish a bona fide marriage to her U.S. citizen husband.
