Immigration to the US; A Comprehensive Guide - 01/26/2010: "A conditional permanent resident who is seeking to remove the conditional basis of that status and who has timely filed the petition and appeared for the interview does not need a separate section 216(c)(4) hardship waiver if the petitioning spouse died during the 2-year conditional period"

[Previous entry: "Board of Immigration Appeals (BIA) holds that Immigration Judges have authority to determine whether the validity of an alien’s approved employment-based visa petition is preserved under section 204(j) of the Immigration and Nationality Act,"] [Main Index] [Next entry: "Judge won't dismiss suit over US citizen detention"]

01/26/2010 Entry: "A conditional permanent resident who is seeking to remove the conditional basis of that status and who has timely filed the petition and appeared for the interview does not need a separate section 216(c)(4) hardship waiver if the petitioning spouse died during the 2-year conditional period"

A conditional permanent resident under section 216(a) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(a) (2006), who is seeking to remove the conditional basis of that status and who has timely filed the petition and appeared for the interview required under section 216(c)(1), does not need a separate section 216(c)(4) hardship waiver if the petitioning spouse died during the 2-year conditional period.

Matter of ROSE, Interim Decision #3670, 25 I&N Dec. 181 (BIA 2010) -

Print this Page