USA v. Asante
Indictment Related to Fraudulent Marriage Denied Dismissal, Transfer on Venue Grounds
August 17, 2017 at 12:00 AM
2 minute read
District Judge Lawrence Vilardo
Asante, a Ghanaian, came to the United States on an F1 student visa. After graduating university in August 2014 she moved to New Jersey while working in New York City. Through her job her F1 visa was extended to May 25, 2015. On Aug. 15, 2014, Asante married Gyambrah, a U.S. citizen originally from Ghana, in New York. Their simultaneous applications to adjust Asante's status to lawful permanent resident were mailed from New Jersey. At a March 2015 USCIS appearance in Buffalo, Gyambrah admitted that his marriage to Asante was not “bona fide.” He later admitted to ICE that he agreed to marry Asante in exchange for $15,000 to help her obtain a green card. On Dec. 17, 2015, Asante was indicted on two counts related to her fraudulent marriage. Adopting a magistrate judge's recommendations, district court denied dismissal of indictment Count 1 for improper venue, and Asante's motion to transfer venue of both counts to the District of New Jersey. The court noted that the effect of Asante's criminal conduct was felt in Western New York, where the immigration decisions were to be made and key witnesses and relevant documents located. In her I-485 Application, Asante held herself out as being a Buffalo resident.
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