Thursday, June 14th, 2018

BIA on 204(c) – Matter of Otiende

Although a visa petition filed by a petitioner for a spouse may be subject to denial under section 204(c) of the Immigration and Nationality Act, 8 U.S.C. § 1154(c) (2006), based on the spouse’s prior marriage, that section does not prevent the approval of a petition filed on behalf of the spouse’s child, which must be considered on its merits to determine whether the child qualifies as the petitioner’s “stepchild” under the Act. – Matter of Otiende, 26 I&N Dec. 127 (BIA 2013)  [Hats off to Michael Canton!]