EGBUNINE

Citations

• 19 I. & N. Dec. 478

Syllabus

EGBUNINE, 19 I&N Dec. 478 (BIA 1987) ID 3034 (PDF) (1) Pursuant to sections 245(e)(1) and (2) of the Immigration and Nationality Act, 8 U.S.C. § 1255(e)(1) and (2) (Supp. IV 1986), an alien may not adjust his status if he seeks to receive animmigrant visa on the basis of a marriage which was entered into while the alien is facing administrative or judicial proceedings regarding his right to enter or remain in the United States. (2) At a minimum, administrative proceedings begin with the filing of an Order to Show Cause and Notice of Hearing (Form I-221) with the Office of the Immigration Judge. (3) Under section 204(h) of the Act, 8 U.S.C. § 1154(h) (Supp. IV 1986), an alien may not be granted immediate relative status by reason of a marriage which was entered into while the alienis facing administrative or judicial proceedings regarding his right to enter or remain in the United States, unless the alien resides outside of the United States for a 2-year period beginning afterthe date of the marriage. (4) An application for a waiver of excludability should not be submitted by an alien subject to the 2-year residence requirement under section 204(h) of the Act, until the respondent becomeseligible for immediate relative status.