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Attorney General does not have purely discretionary authority to remove aliens ARQU

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  • Attorney General does not have purely discretionary authority to remove aliens ARQU

    ARQU:

    You should read this case

    http://www.ilw.com/lawyers/immigdail...2-Nakamoto.pdf

    There was annulment involved, and also it states that the 'enter in good faith' means that at the moment of getting married the alien had the intention to share a life together and that evidence of separation cannot, by itself, support a finding that a marriage WAS NOT bonafide.

    In addittion, it is cleary stated that an ANNULMENT DECREE does not mean that an alien enter into a marriage to get admission as an immigrant, unless the annulment is granted on fraud grounds!


    Source: front page of www.ilw.com

  • #2
    ARQU:

    You should read this case

    http://www.ilw.com/lawyers/immigdail...2-Nakamoto.pdf

    There was annulment involved, and also it states that the 'enter in good faith' means that at the moment of getting married the alien had the intention to share a life together and that evidence of separation cannot, by itself, support a finding that a marriage WAS NOT bonafide.

    In addittion, it is cleary stated that an ANNULMENT DECREE does not mean that an alien enter into a marriage to get admission as an immigrant, unless the annulment is granted on fraud grounds!


    Source: front page of www.ilw.com

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    • #3
      we read it. it was affirmed, meaning that she IS deportable. read the bottom.

      -= nav =-

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      • #4
        moonie,

        I did not care about the outcome in this case, but rather the fact that an annulment decree does not nullify an alien form getting PR status.

        I also find it interesting due to the fact that deals with once again the definition of entering into a marriage in good faith...

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        • #5
          i like reading the part where she arrived at the airport, greeted by him, and then didn't even go home with him. lol. Yeah, great "marraige".

          -= nav =-

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          • #6
            The guy was still deported; thank God for America

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            • #7
              That is true Aquilla that annulment will not necessarily keep you from getting Perm Residence. There are many reasons for anullment. The issue of children .. deception etc. The alien may be the one deceived from the USC. These are the instances where relief may be available such as Arque case.

              However anulment due to marriage fraud/intent... That is a 99.9% will take you and keep you in removal. as demonstrated.


              Michael:

              Law 101= pay attention to detail.
              How are you going to be a succesful lawyer when u are not paying attention to "detail". Who was deported.

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              • #8
                Thanks Aquila...

                I saw the document but haven't had a moment to read it yet... I'll comment once I have...

                ARQU

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