An Investigative Report and a
BIA Fraud Appeal are two parallel ways to surface marriage-fraud evidence to the federal government. The Investigative Report is an established route, with no rigid filing deadlines, but the agency is not required to respond, you have no formal right to information, and there is no direct pathway to federal court if they do nothing. The BIA Fraud Appeal is a formal appeal of an approved Form I-130 on fraud grounds under an existing regulation with deadlines for decisionmaking, creates a pathway into federal court if the agencies fail to properly act, and a fraud-based denial or revocation can provide evidence of fraud in a state
annulment proceeding.
However, a BIA Fraud Appeal is an innovative legal procedure that involves a higher level of risk because case law and agency precedent in this area remain limited. While Codias Law believes these appeals rest on solid legal footing and are fully appropriate within existing statutes and policies to protect U.S. citizen sponsors and victims of immigration fraud, clients should understand that this is a novel area of practice at the forefront of emerging legal interpretation. Until federal courts and agencies provide more definitive guidance, these services should be pursued only by clients who are comfortable with the uncertainties and risks that come with developing areas of law.