PAZANDEH

Citations

• 19 I. & N. Dec. 884

Syllabus

PAZANDEH, 19 I&N Dec. 884 (BIA 1989) ID 3100 (PDF) (1) In visa petition appeals involving section 204(a)(2)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(2)(A) (Supp. IV 1986), the Board will not review the issue of the bona fides of the petitioner's prior marriage if 5 years have elapsed since the petitioner obtained her lawful permanent residence. (2) Where the visa petition was initially approvable subject to the petitioner's meeting a burden which has lapsed with the passage of time, the majority finds the rationale expressed in Matter of Bardouille, 18 I&N Dec. 114 (BIA 1981), not applicable. Matter of Atembe, 19 I&N Dec. 427 (BIA 1986) and Matter of Drigo, 18 I&N Dec. 223 (BIA 1982), distinguished.