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Matter of Avetisyan

25 I & N Dec. 688 (2012)

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Matter of Avetisyan

Board of Immigration Appeals
25 I & N Dec. 688 (2012)

CS

Facts

Bavakan Avetisyan (plaintiff) was a citizen of Armenia who had come to the United States on a nonimmigrant visa for special studies and who overstayed the terms of the visa. The Department of Homeland Security (DHS) (defendant) began removal proceedings against Avetisyan. During removal proceedings before an immigration judge, Avetisyan admitted that she had overstayed her visa but applied for relief from the removal. Her request for relief from removal was based on the facts that her husband was in the process of becoming a naturalized citizen and they were the parents of a United States citizen child. Avetisyan further attested that upon her husband’s naturalization, he would file a visa petition on her behalf. The immigration judge continued the proceedings to await proof of Avetisyan’s husband’s naturalization. After her husband became a citizen, he filed a visa petition for Avetisyan, but DHS’s processing of the visa was inexplicably delayed for many months. After issuing multiple continuances to wait for the adjudication of the visa to be finalized, the immigration judge finally administratively closed the proceedings over DHS’s objections. DHS brought the matter to the Board of Immigration Appeals.

Rule of Law

Issue

Holding and Reasoning (Miller, Board Member)

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Casebooks

Immigration Law

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