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lawyerregulationvisa
lawyerregulationnaturalization

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Blanco v. Holder

Facts

Petitioner Felix Dinglasan Blanco, Jr., a native and citizen of the Philippines, entered the U.S. as a nonimmigrant crewman and overstayed his visa. He married a lawful permanent resident, and his wife submitted a Form I-130 petition on his behalf. However, the accompanying check for the filing fee was inadvertently unsigned, leading the INS to deny the application for adjustment of status. The BIA upheld this decision, stating that the application was not properly filed due to the unsigned check.

Petitioner Felix Dinglasan Blanco, Jr., is a native and citizen of the Philippines. He entered the United States on January 24, 1997, as a nonimmigrant crewman with authorization to remain for one month. He overstayed and, approximately four years later, married a lawful permanent resident. Petitioner's wife submitted a Form I-130, Petition for Alien Relative, on his behalf on April 27, 2001, with the Immigration and Naturalization Service ('INS'). The form was fully completed and signed; accompanying it were fully completed and signed Biographic Data Form G-325, true copies of the marriage certificate and the wife's alien resident card, and a check from Petitioner's counsel for $ 110 made payable to the INS as payment for the I-130 filing fee. Apparently by accident, the check was unsigned.

Issue

Is an alien's otherwise complete and timely application for adjustment of status properly rejected as untimely for the sole reason that his lawyer's accompanying check for the proper amount of the filing fee was inadvertently unsigned?

Is an alien's otherwise complete and timely application for adjustment of status properly rejected as untimely for the sole reason that his lawyer's accompanying check for the proper amount of the filing fee was inadvertently unsigned?

Rule

An application or petition is regarded as properly filed when it is signed and executed, and the required filing fee is attached. An application that is not properly signed or is submitted with the wrong filing fee shall be rejected as improperly filed.

An application or petition is regarded as properly filed when it is signed and executed, and the required filing fee is attached. An application that is not properly signed or is submitted with the wrong filing fee shall be rejected as improperly filed.

Analysis

The court determined that the BIA misinterpreted the regulations by concluding that an unsigned check for the correct amount was equivalent to an improperly filed application. The court noted that no regulation specified that the INS must reject a signed application accompanied by an unsigned check when all other aspects of the application were complete. The court emphasized that the agency's decision lacked flexibility and was contrary to the law.

The court determined that the BIA misinterpreted the regulations by concluding that an unsigned check for the correct amount was equivalent to an improperly filed application. The court noted that no regulation specified that the INS must reject a signed application accompanied by an unsigned check when all other aspects of the application were complete. The court emphasized that the agency's decision lacked flexibility and was contrary to the law.

Conclusion

The petition for review was granted, and the case was remanded for further proceedings.

The petition for review was granted, and the case was remanded for further proceedings.

Who won?

Petitioner prevailed because the court found that the BIA's rejection of the application based on an unsigned check was contrary to the applicable regulations.

Petitioner prevailed because the court found that the BIA's rejection of the application based on an unsigned check was contrary to the applicable regulations.

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