VELARDE

Citations

• 23 I. & N. Dec. 253

Syllabus

VELARDE, 23 I&N Dec. 253 (BIA 2002) ID 3463 (PDF) A properly filed motion to reopen for adjustment of status based on a marriage entered into after the commencement of proceedings may be granted in the exercise of discretion, notwithstanding the pendency of a visa petition filed on the alien’s behalf, where: (1) the motion to reopen is timely filed (2) the motion is not numerically barred by the regulations (3) the motion is not barred by Matter of Shaar, 21 I&N Dec. 541 (BIA 1996), or on any other procedural grounds(4) clear and convincing evidence is presented indicating a strong likelihood that the marriage is bona fide and (5) the Immigration and Naturalization Service does not oppose the motion or bases its opposition solely on Matter of Arthur, 20 I&N Dec. 475 (BIA 1992). Matter of H-A-, Interim Decision 3394 (BIA 1999), and Matter of Arthur, supra, modified.