Category Archives: Good-Faith Marriage Waiver

CA7 on burden of proving by a preponderance of the evidence that marriage was bona fide

Posted on June 24, 2015 by Mike Baker

The Board of Immigration Appeals applied too high a burden of proof when it determined that a conditional permanent resident’s marriage was not bona fide and the error warranted remand because the resident testified unequivocally that he did not marry … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, burden of proof, Good-Faith Marriage Waiver, I-751 petition, Joint Petition I-751, Marriage Fraud, Petition for Removal of Conditions on Conditional Residence, Removal of Conditions on Permanent Residency Based on Marriage, Waiver of Joint Petition Application | Leave a comment

CA7 denies Motion to Continue hearing for witness to testify in support of good faith marriage waiver

Posted on March 5, 2015 by Mike Baker

Bouras, a citizen of Algeria, entered the U.S. in 1997 as a nonimmigrant business visitor and overstayed his visa. In 2006, while living in Chicago, he married Schreiner, who lived in Ohio. He was granted conditional permanent resident status based … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Good-Faith Marriage Waiver, I-751 petition, Marriage Fraud, Motion for Continuance | Leave a comment

CA7 denies I-751 extreme hardship waiver because an alien has no protected liberty interest in discretionary immigration relief

Posted on January 6, 2014 by Mike Baker

CA7 Denies Extreme-Hardship Waiver for Petitioner Convicted of Marriage Fraud. The court denied the petition for review, finding that the petitioner’s due process argument failed because he had no legitimate claim of entitlement to an extreme-hardship waiver under INA §216(c)(4). … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, extreme hardship waiver, Good-Faith Marriage Waiver, I-751 petition, Immigration Marriage Fraud Amendments Act of 1986, Marriage Fraud, Petition for Removal of Conditions on Conditional Residence | Leave a comment

CA7 Upholds Denial of Good-Faith Marriage Waiver

Posted on April 30, 2013 by Mike Baker

CA7 Upholds Denial of Good-Faith Marriage Waiver. The court upheld the denial of the petitioner’s request for a good-faith marriage waiver, finding the removal proceedings were not unfair and that the IJ’s adverse credibility determination was reasonable. (Boadi v. Holder, … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Good-Faith Marriage Waiver | Tagged | Leave a comment