Friday, February 4, 2011

Two Recent Unpub. BIA Victories

Russell R. Abrutyn writes: "In the first decision, the BIA found that section 101(a)(13)(C) supersedes Matter of Ruis, 18 I&N Dec. 320 (BIA 1982).  In Ruis, an alien who entered without inspection was always inadmissible even if he later left the U.S. and was inspected and admitted.  In our case, the BIA held that an alien who enters without inspection can purge that ground of inadmissibility by leaving and presenting himself for a lawful admission.

In the second decision, the Board applied the Ninth Circuit’s decision in Choin to our case in the Sixth Circuit.  The Board held that a K-1 nonimmigrant who divorced the K-1 petitioner while an adjustment of status application was pending can continue with the application.

In both cases, the Respondents were represented by Marshal Hyman and Russell Abrutyn."

Marshal E. Hyman & Associates
(248) 643-0642, ext. 15
(248) 643-0798 Fax

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