Choin v. Mukasey, No.s 07-70941 and 06-75823(9^th Cir.)(August 12, 2008)

PREGERSON, Goodwin, Nelson

Petitioner came into the U.S. on a K "fiance" visa, married her U.S. citizen fiance, and filed an application to adjust status to lawful permanent residence. Five days short of two years later while still waiting for her adjustment interview she was divorced from her U.S. citizen husband. INS then denied her adjustment application and instituted removal proceedings. The 9th Cir. held that the language in INA § 245(d) that the AG "may not adjust . . . the status of a (K visaholder) except to that of an alien lawfully admitted to the U.S. on a conditional basis under section 1186a of this title as a result of the marriage of the nonimmigrant . . . to the citizen who filed the (K visa petition)" means petitioner here did not still need to be married to the citizen who filed the K visa petition and was eligible for adjustment. The court accorded the BIA decision here Skidmore rather than Chevron deference since it was an unpublished opinion and the BIA offered little explanation for its decision that 245(d) required the petitioner and K visaholder to still be married at the time of the adjustment interview.

Read opinion here

Comments

Add New Search

Write comment
Name:
Email:	do not notifynotify
Website:
Title:
UBBCode:	-color-aquablackbluefuchsiagraygreenlimemaroonnavyolivepurpleredsilvertealwhiteyellow -size-tinysmallmediumlargehuge
	Please input the anti-spam code that you can read in the image.

Powered by !JoomlaComment 3.12

Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.