Friday, April 4, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation

Virginia Lawyers Immigration Board Of Appeal Deportation

If you are facing immigration case in Virginia, contact our law firm for help. 

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Immigration Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Ben v. United States

Facts:

            The United States Immigration and Naturalization Service (INS) discovered that petitioner was granted a visa based on a false assertion of marriage to a United States citizen. The INS directed her deportation. Petitioner filed a notice of appeal, arguing for relief from deportation. Later, petitioner married a United States citizen. Petitioner's husband then petitioned the INS for a visa for her. On the same day, petitioner withdrew her appeal of the deportation order. Petitioner then moved for a stay of deportation and for a reopening of the deportation proceedings to permit adjustment of status based on the visa petition. The INS denied the visa petition and the motion to reopen the original deportation proceeding. Petitioner sought review. Later, respondent, the INS Board of Immigration Appeals, reversed the denial of the visa petition and remanded. Respondent also affirmed the denial of the motion to reopen the original deportation proceeding. The court affirmed the order denying petitioner's motion to reopen, holding that respondent did not abuse its discretion in denying the motion because petitioner's husband's petition on her behalf was not yet acted upon by the INS.

            If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

            The Federal Court made the following holding:

  • 8 U.S.C.S. § 1105a(c) states that an order of deportation or of exclusion shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to him as of right under the immigration laws and regulations. 8 U.S.C.S. § 1255(a) clearly requires that three prerequisites be met in order to be eligible for an adjustment of status. They are: (1) the alien makes an application for such adjustment; (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and (3) an immigrant visa is immediately available to him at the time his application is approved.
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:


These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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