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Keywords

plaintiffdefendantmotionsummary judgmentregulationnaturalizationmotion for summary judgment
plaintiffdefendantmotionsummary judgmentregulationnaturalizationmotion for summary judgment

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Sheku-Kamara v. Karn

Facts

Plaintiffs entered the United States as spouse and child of an alien, who was in the United States subject to a two-year residency requirement. While in the United States, plaintiffs applied to the Immigration and Naturalization Service for adjustment of status from non-immigrant to immigrant. Defendant denied the application because plaintiffs were not eligible to become lawful permanent residents since they were subject to the two-year foreign residence requirement imposed by the Immigration and Nationality Act. The court held that to grant the application would be inconsistent with the primary objective of the program under which they entered the country.

Plaintiffs entered the United States as spouse and child of an alien, who was in the United States subject to a two-year residency requirement. While in the United States, plaintiffs applied to the Immigration and Naturalization Service for adjustment of status from non-immigrant to immigrant. Defendant denied the application because plaintiffs were not eligible to become lawful permanent residents since they were subject to the two-year foreign residence requirement imposed by the Immigration and Nationality Act. The court held that to grant the application would be inconsistent with the primary objective of the program under which they entered the country.

Issue

Whether the plaintiffs are subject to the two-year foreign residence requirement imposed by the Immigration and Nationality Act.

Whether the plaintiffs are subject to the two-year foreign residence requirement imposed by the Immigration and Nationality Act.

Rule

A spouse or child admitted to the United States or accorded status under section 101(a)(15)(J) of the act to accompany or follow to join an exchange visitor who is subject to the foreign residence requirement of section 212(e) of the Act is also subject to that requirement.

A spouse or child admitted to the United States or accorded status under section 101(a)(15)(J) of the act to accompany or follow to join an exchange visitor who is subject to the foreign residence requirement of section 212(e) of the Act is also subject to that requirement.

Analysis

The court applied the regulation that states a spouse or child of an exchange visitor is subject to the same two-year foreign residence requirement as the principal alien. The court found that the plaintiffs, despite not receiving direct government funding, derived their status from Mr. Sheku-Kamara, who was subject to the requirement. The court emphasized that allowing the plaintiffs to bypass the requirement would create an inconsistency in the application of the law.

The court applied the regulation that states a spouse or child of an exchange visitor is subject to the same two-year foreign residence requirement as the principal alien. The court found that the plaintiffs, despite not receiving direct government funding, derived their status from Mr. Sheku-Kamara, who was subject to the requirement. The court emphasized that allowing the plaintiffs to bypass the requirement would create an inconsistency in the application of the law.

Conclusion

The court granted the defendant's motion for summary judgment and denied the plaintiffs' motion, affirming that the plaintiffs were subject to the two-year foreign residence requirement.

The court granted the defendant's motion for summary judgment and denied the plaintiffs' motion, affirming that the plaintiffs were subject to the two-year foreign residence requirement.

Who won?

Defendant, director of immigration, prevailed because the court found that the plaintiffs were subject to the same two-year foreign residence requirement as the principal alien.

Defendant, director of immigration, prevailed because the court found that the plaintiffs were subject to the same two-year foreign residence requirement as the principal alien.

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