Despite Smith’s submissions to establish her marriage, USCIS concluded that she failed to prove a bona fide marriage due to the misleading information provided. The BIA affirmed the denial, leading Smith to sue USCIS and the BIA in federal court, which dismissed the case.
Appeal and Seventh Circuit Ruling
The Seventh Circuit reviewed the dismissal de novo and upheld the decision, rejecting Smith’s argument that USCIS failed to provide full documentation of adverse information. Judge Brennan stated that USCIS acted appropriately by disclosing pertinent information and giving Smith opportunities to respond and appeal.
Smith’s attorney, Godfrey Y. Muwonge, criticized the Seventh Circuit’s decision, arguing that USCIS never substantiated its claims about Rico’s statements and misrepresented facts. He emphasized the importance of full disclosure, noting that Smith’s Freedom of Information Act request for additional evidence went unanswered.
Mexican Nationals Widow Petition : Conclusion
The Seventh Circuit’s decision underscores the importance of credibility and accurate information in immigration proceedings. Smith’s misrepresentations and continued relationship with her ex-husband were pivotal in the denial of her widow petition.