BIA REMINDS IJs THAT THEY CAN RE-ADJUDICATE BONA FIDES OF MARRIAGE N/W/S APPROVED I-130 IN ADJUSTMENT CASE — Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021)

 

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BIA HEADNOTE:

An Immigration Judge has the authority to inquire into the bona fides of a marriage when considering an application for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2018).

PANEL: MULLANE, COUCH, and OWEN, Appellate Immigration Judges

OPINION: Judge Hugh Mullane

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If IJs are going to go behind an approved I-130, why not just allow respondents to choose to file the I-130 and the I-1485, Application for Adjustment of Status, simultaneously in Immigration Court (like at USCIS) and have the IJ adjudicate the visa petition along with the application?

In this case, the IJ and ACC did offer the respondent a chance to apply for adjustment before USCIS. Perhaps, he should have taken it.

🇺🇸Due Process Forever,

PWS

10-14-21