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Keywords

statuteappealvisaadmissibility
statuteappealtrustvisaadmissibility

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Marques v. Lynch

Facts

Ronaldo De Lima Marques entered the United States in August 2001 on a nonimmigrant visa and married a U.S. citizen in 2005. He adjusted his status to that of a legal permanent resident based on this marriage, which was later revealed to be fraudulent. The Board of Immigration Appeals held Marques removable, citing his inadmissibility at the time of adjustment due to lack of a valid immigrant visa and the fraudulent nature of his marriage.

Ronaldo De Lima Marques entered the United States in August 2001 on a nonimmigrant visa and married a U.S. citizen in 2005. He adjusted his status to that of a legal permanent resident based on this marriage, which was later revealed to be fraudulent. The Board of Immigration Appeals held Marques removable, citing his inadmissibility at the time of adjustment due to lack of a valid immigrant visa and the fraudulent nature of his marriage.

Issue

Whether 8 U.S.C.S. 1182(a)(7) applies to an alien who adjusted his status while already in the United States, and whether Marques was inadmissible at the time of his adjustment of status.

The issue is a question of law, which we review "de novo, giving considerable deference to the BIA's interpretation of the legislative scheme it is entrusted to administer."

Rule

8 U.S.C.S. 1182(a)(7) applies only to applications for admission and does not apply to immigrants who seek post-entry adjustment of status while already in the United States.

8 U.S.C.S. 1182(a)(7) applies only to applications for admission and does not apply to immigrants who seek post-entry adjustment of status while already in the United States.

Analysis

The court analyzed the statutory language of 8 U.S.C.S. 1182(a)(7) and determined that it explicitly applies to applicants for admission, not to those adjusting their status. The court concluded that since Marques was already in the U.S. and adjusting his status, the statute did not render him inadmissible. The court also noted that the BIA's interpretation of the statute was not warranted in this case.

The court analyzed the statutory language of 8 U.S.C.S. 1182(a)(7) and determined that it explicitly applies to applicants for admission, not to those adjusting their status. The court concluded that since Marques was already in the U.S. and adjusting his status, the statute did not render him inadmissible. The court also noted that the BIA's interpretation of the statute was not warranted in this case.

Conclusion

The court granted Marques's petition for review of the BIA's order of removal and vacated the BIA's judgment, concluding that he was not inadmissible under the cited statute.

The court granted Marques's petition for review of the BIA's order of removal and vacated the BIA's judgment, concluding that he was not inadmissible under the cited statute.

Who won?

Ronaldo De Lima Marques prevailed in the case because the court found that the statute under which he was deemed inadmissible did not apply to his situation of adjusting status.

Ronaldo De Lima Marques prevailed in the case because the court found that the statute under which he was deemed inadmissible did not apply to his situation of adjusting status.

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