LATEST BIA PRECEDENT COMBINES ABSURDITY WITH MISOGYNY – Divorced Woman Can Only Overcome “Public Charge” With Affidavit Of Support From EX-HUSBAND!” – MATTER OF SOTHON SONG, 27 I&N DEC. 488 (BIA 2018) – “Kangaroo Court” Continues To “Hop Along” At Expense Of Respondents, Common Sense, And Fundamental Fairness!

An applicant for adjustment of status who was admitted on a K-1 visa, fulfilled the terms of the visa by marrying the petitioner, and was later divorced must submit an affidavit of support from the petitioner to establish that he or she is not inadmissible as a public charge under section 212(a)(4) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(4) (2012).

PANEL:  BIA APPELLATE IMMIGRATION JUDGES GREER & WENDTLAND, TEMPORARY APPELLATE IMMIGRATION JUDGE DONOVAN

OPINION BY: JUDGE LINDA WENDTLAND

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Talk about standing rationality and public policy on its head!!

And, without knowledge of this counterintuitive interpretation, how would the respondent, who has already been divorced, comply with the suggestion that the divorce be structured in a manner that preserves the affidavit of support. As long as the affidavit of support complies with the legal requirements of willingness and ability to pay, what possible rational difference can it make who gives it?

Hopefully, somebody will take this to the “real courts.”

PWS

11-19-18