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Keywords

burden of proof
burden of proof

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Putro v. Lynch

Facts

Vera Putro, a citizen of Latvia, married U.S. citizen Michael Zalesky in 2004 and obtained conditional permanent residency in 2006. Zalesky died in November 2006, complicating Putro's immigration status as they could not jointly petition to remove the conditions on her residency. In June 2008, Putro filed a petition to remove the conditions, indicating a waiver request due to her spouse's death. The agency denied her petition, alleging marriage fraud, and the IJ ultimately ruled against her.

Vera Putro, a citizen of Latvia, married U.S. citizen Michael Zalesky in 2004 and obtained conditional permanent residency in 2006. Zalesky died in November 2006, complicating Putro's immigration status as they could not jointly petition to remove the conditions on her residency. In June 2008, Putro filed a petition to remove the conditions, indicating a waiver request due to her spouse's death. The agency denied her petition, alleging marriage fraud, and the IJ ultimately ruled against her.

Issue

Did the immigration judge (IJ) improperly apply the law by requiring Vera Putro to meet the joint-filing requirement for removing conditions on her residency despite her husband's death within the conditional period?

Did the immigration judge (IJ) improperly apply the law by requiring Vera Putro to meet the joint-filing requirement for removing conditions on her residency despite her husband's death within the conditional period?

Rule

Under the Matter of Rose decision, the death of a petitioning spouse during the two-year conditional period excuses the requirement that a petition to remove the conditional basis of an alien spouse's status must be 'joint.'

Under the Matter of Rose decision, the death of a petitioning spouse during the two-year conditional period excuses the requirement that a petition to remove the conditional basis of an alien spouse's status must be 'joint.'

Analysis

The court determined that the IJ misapplied the law by treating Putro's petition as a request for a discretionary waiver of the joint-filing requirement. Since Zalesky died within the conditional period and Putro timely filed her petition, she was exempt from the joint-filing requirement. The IJ's error in shifting the burden of proof to Putro regarding the bona fides of her marriage was significant, as it affected the outcome of her case.

The court determined that the IJ misapplied the law by treating Putro's petition as a request for a discretionary waiver of the joint-filing requirement. Since Zalesky died within the conditional period and Putro timely filed her petition, she was exempt from the joint-filing requirement. The IJ's error in shifting the burden of proof to Putro regarding the bona fides of her marriage was significant, as it affected the outcome of her case.

Conclusion

The court granted Putro's petition and remanded the case for determination under the proper standard, emphasizing that the government must demonstrate that the marriage was not bona fide.

The court granted Putro's petition and remanded the case for determination under the proper standard, emphasizing that the government must demonstrate that the marriage was not bona fide.

Who won?

Vera Putro prevailed in the case because the court found that the IJ had erred in applying the law regarding the joint-filing requirement and burden of proof.

Vera Putro prevailed in the case because the court found that the IJ had erred in applying the law regarding the joint-filing requirement and burden of proof.

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