BIA Fraud Appeals: Revolutionizing Marriage Fraud Enforcement

Written By Cody Brown

Overview

Codias Law is calling on the Board of Immigration Appeals (BIA) to immediately adopt formal procedures allowing U.S. citizens who are victims of immigration marriage fraud to appeal unlawfully approved I-130 petitions under INA § 204(c), based on newly discovered evidence of fraud.

Problem

Marriage fraud is a felony under 8 U.S.C. § 1325(c) and renders foreign nationals ineligible for I-130 approval under INA § 204(c). Yet DHS and DOJ routinely fail to enforce these mandates, leaving U.S. citizens vulnerable to fraud, I-864 lawsuits, and public safety and national security risks. Internal USCIS data shows an effective fraud denial rate of 0%. This failure is especially dangerous because marriage-based immigration accounts for 23% of all new green cards—the largest and most fraud-prone immigration category.

Solution

The BIA stands as one of the last institutional safeguards ensuring Congress’s antifraud mandates are enforced. Under 8 C.F.R. § 1003.1(b)(5), the BIA already has jurisdiction over any DHS decision on an I-130 petition—including approvals. Both Supreme Court and USCIS interpretations confirm this, and the regulation’s broad reference to “decisions” (distinct from “denials”) makes the scope clear. Yet today, the BIA’s legacy practice manual spans 14 chapters detailing appellate procedures for foreign nationals, while offering virtually no guidance to protect the rights and interests of U.S. citizens.

Execution

Codias Law has drafted three model documents the BIA can adopt immediately, under existing law, to protect fraud victims and strengthen system integrity:

Benefits

BIA Fraud Appeals will strengthen the entire system—except for the unindicted felons exploiting U.S. citizens, our laws, and our institutions.

  • Victims: Provides a formal avenue to challenge unlawful approvals, avoid I-864 lawsuits, and break free from abusive legal and financial entanglements.

  • Public: Enhances public safety and national security by closing loopholes and protecting taxpayer resources.

  • Agencies: Conserves investigative resources by allowing victims to present credible fraud evidence directly, improving administrative efficiency.

  •  Congress: Upholds Congress’s marriage fraud bar under INA § 204(c), restoring the antifraud framework it designed and ensuring the law is faithfully executed.

Conclusion

The BIA has a historic opportunity—and duty—to lead where other agencies have failed. By adopting these reforms, the Board can restore integrity to marriage-based immigration, protect innocent Americans, and reaffirm its role as an indispensable oversight body. Codias Law stands ready to support this effort and, if necessary, to litigate to ensure victims are heard, the law is enforced, and justice is done.

🚨 Sign our Petition at www.codiaslaw.com/bia-fraud-appeals

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Cody Brown
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Introducing Codias Law Action