Foythong v. Holder

Foythong, a Thai citizen, came to the U.S. in 2001 as a non-immigrant visitor and did not leave when his visa expired. In 2004, Foythong, still married to his Thai wife, married a U.S. citizen, Langevin, who sought to adjust Foythong’s status to lawful permanent resident based on the marriage. After investigating, DHS issued notice of intent to deny the petition on the ground that the marriage was a sham, based on significant discrepancies in testimony. Langevin withdrew the petition; the marriage ended. In 2010, Foythong married again, 12 days before a scheduled removal hearing. His third wife, Clark, a U.S. citizen, requested a marriage-based visa on his behalf. DHS denied the petition. Michigan does not recognize consular divorces, rendering ineffective Foythong’s effort to divorce his Thai wife through a consulate in Chicago. DHS stated that the fraudulent marriage to Langevin precluded Foythong from any future adjustment of status based on marriage. The immigration judge ordered removal. The Board of Immigration Appeals affirmed. In 2013, Foythong asked the Board to reopen his case, stating that he had legally divorced his first wife and married Clark. The Board denied the motion. The Sixth Circuit denied review, citing 8 U.S.C. 1154(c), which imposes a one-strike rule, so that, after one prior finding of a sham marriage, immigration authorities must reject all future efforts at adjustment of status based on marriage. View "Foythong v. Holder" on Justia Law