Wednesday, January 18th, 2017

Unpub. IJ 212(k) Waiver Victory

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Cyrus D. Mehta writes: "The issue in this case was whether the Respondent, who was issued an Immigrant Visa, could be admitted even though his US citizen spouse indicated at the airport that she wished to withdraw the I-130 petition, which she did three days later.  Respondent was charged with inadmissibility under INA 212(a)(7)(A)(i)(I).  Alternatively, could the Respondent be eligible for a waiver under INA section 212(k)?  IJ McManus denied Respondent’s motion to terminate on the ground that he was admissible, but found the Respondent to be eligible for the 212(k) waiver as he  was unaware of the ground of inadmissibility before he embarked upon his journey to the US.  This case should be contrasted with Matter of Aurelio