DHS Asks Supreme Court to Uphold Cancelation of Visa Over Sham Marriage

Homeland Security Secretary Alejandro Mayorkas urged the Supreme Court on Aug. 26 to uphold the cancelation of the visa of a Palestinian man who married a U.S. citizen and then was accused of a sham marriage.

The new brief previews oral arguments the federal government will make when the court hears the case, Bouarfa v. Mayorkas, on Oct. 15.

The Department of Homeland Security (DHS) rescinded the immigrant visa of noncitizen Ala’a Hamayel, who is married to Amina Bouarfa, a U.S. citizen. They have produced three children, all of whom are U.S. citizens, according to Bouarfa’s petition.

DHS determined that Hamayel had attempted to pass off a previous marriage of his as legitimate to obtain a green card, that is, permanent resident status. Because he was found to have engaged in fraud before, the current marriage to Bouarfa was deemed fraudulent, and his visa, which had been approved, was revoked.

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