I got approval for I-130 based on a Widow Pettition in 1993. Whe I went for adjustment status I ran into a blockade with regard to my answer to the question if I had lived with my husband throughout the marriage from 1985-1992 when he died. I had said yes in my original application but answered only for 3 years on the Adjustment forms. INS sat on this case for 4 years. Finally wrote a contengious brief to BIA. BIA affirmed but asked me to make a new application after my attorney's brief in 2001. My file is back again to BIA to make a decision if they can allow the new application. What do I do now? Can I get a waiver?

I can get your question clearly, can you define clearly ? You said three years on I485? then what was the result of INS and who initiated BIA motion, BIA affirmed the Decision but why and how One can file Attorneys brief once decision is alreay taken by BIA? are you talking abut second motion or motion to reconsider?OR something else. I don't understand>

INS transfered my case to BIA after 4 years on the premise that there was a misrepresentation on my application, I-130,& I-485. However the widow petition is a special category. Alien must have lived with the USC spouse to qualify, which I did.