Family Immigration: Affidavit of Support Will Make or Break Your Case

Family-based immigration is one of the core specialties here at the Law Offices of Leslie I Snyder P.A. We follow closely various matters that help us guide our clients on the right path to citizenship. One of the ways for a non-immigrant visa holder to be naturalized is through marriage. However, contrary to what many might think, this avenue is not always a sure-shot at changing immigration status, and should not be taken lightly. The recent decision of the Board of Immigration Appeals (BIA) in the the Matter of Sothon SONG, shows just that.

The petitioner in this case, a native of Cambodia, entered the US on a K-1 non-immigratn fiancée visa on November 25, 2011. All the paperwork needed for naturalization was filed on time. However, subsequent events lead to the denial of the applicant’s petition. The case file shows the following:

“While the application was pending, the marriage broke down, and on July 10, 2012, the petitioner wrote to the USCIS to withdraw his affidavit of support. On November 21, 2012, the USCIS denied the respondent’s adjustment application, finding that she was inadmissible under section 212(a)(4) of the Act, 8 U.S.C. § 1182(a)(4) (2012), as an alien who is likely to become a public charge. The couple divorced on December 20, 2012. The Department of Homeland Security (“DHS”) subsequently initiated removal proceedings.”

On November 19, 2018, inthe Interim Decision #3945, the petitioner’s appeal was denied. According to the Department of Justice web site, “Most BIA decisions are subject to judicial review in the federal courts.”

The .pdf file of the full case is on the Department of Justice web site, under Interim Decision #3945

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