FOLLOW US

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.

"The agencies' conclusions are rationally connected to Smith's continued, close relationship with her ex-husband despite their divorce in 2001, and her provision of false and misleading statements to immigration officials," Judge Brennan stated.

Mexican Nationals Widow Petition : Background and Timeline

Smith and Rico were married from 1973 to 2001 in Mexico and have a son together. They divorced shortly before attempting to enter the U.S. in 2002, presenting themselves as a married couple at Hartsfield-Jackson International Airport in Atlanta. Immigration authorities denied their admission but allowed them to withdraw their application.

Two years later, they applied for nonimmigrant visas at the U.S. consulate in Mexico, again representing themselves as a married couple. They secured visas and traveled to the U.S., where they married U.S. citizens who filed spousal visa petitions on their behalf. Smith married a U.S. citizen in December 2012, and her husband filed an I-130 petition to classify her as an immediate relative. After her husband's death in February 2014, Smith's petition converted to an I-360 petition for widows of U.S. citizens.

Continued Relationship and USCIS Decision

USCIS found evidence of Smith's continued relationship with Rico, including their joint residence in Milwaukee. During a 2015 interview, Smith denied traveling with Rico post-divorce, contradicting records of their 2002 travel. USCIS issued a notice of intent to deny Smith's widow petition, citing her ongoing relationship with Rico and false statements.