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master v. merit/individual?

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  • master v. merit/individual?

    Case originally appeared before ij and person found to be removable. Appealed case while i130 was pending. INS approved i130 but USCIS contested the approval to the BIA. BIA rejected the USCIS' argument and remanded the case back to the ij to offer all the relief that comes with an approved i130.

    The ij has scheduled a master hearing, i am rather confused however; all the fingerprints have been done. because an i485 was submitted soon after the remand.

    So, my question is, will the ij grant relief right away or schedule a merit hearing. Or will ij send the case back to INS for an interview?

    Does anyone have an idea to how this is supposed to work? oh, it has been 8 months since the bia remanded the case to the ij.

  • #2
    Case originally appeared before ij and person found to be removable. Appealed case while i130 was pending. INS approved i130 but USCIS contested the approval to the BIA. BIA rejected the USCIS' argument and remanded the case back to the ij to offer all the relief that comes with an approved i130.

    The ij has scheduled a master hearing, i am rather confused however; all the fingerprints have been done. because an i485 was submitted soon after the remand.

    So, my question is, will the ij grant relief right away or schedule a merit hearing. Or will ij send the case back to INS for an interview?

    Does anyone have an idea to how this is supposed to work? oh, it has been 8 months since the bia remanded the case to the ij.

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    • #3
      funny enough that was one of the reasons the bia cited them on. It was a case of one arm not talking to the other i guess. basically the district office was opposed to the i130 while the california office found it was a bonifide marriage. go figure!!

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