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Category Archives: Petition for Removal of Conditions on Conditional Residence
CA7 on burden of proving by a preponderance of the evidence that marriage was bona fide
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
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CA7 denies I-751 extreme hardship waiver because an alien has no protected liberty interest in discretionary immigration relief
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
I-751 Petition for Removal of Conditions on Conditional Residence, Immigration Marriage Fraud Amendments of 1986
Immigration Marriage Fraud Amendments of 1986: I-751 Petition to Remove the Conditions of Residence on Permanent Resident Status. References: Section 216 of the Act 8 CFR 216 (a) General . The Marriage Fraud Amendments of 1986 (“IMFA”) were enacted in … Continue reading