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Matter of Kohama

Associate Commissioner, Examinations
17 I & N Dec. 257 (1978)


Kohama (plaintiff) and his wife entered the United States as nonimmigrant visitors on December 10, 1975 and were authorized to stay until March 16, 1976. On March 23, 1976 their daughter, a United States citizen, filed visa petitions on their behalf based on their status as immediate relatives to a United States citizen. Applications were concurrently filed to adjust their status to that of permanent residents under section 245 of the Immigration and Nationality Act of 1952. The visas were approved. The District Director denied the status adjustment because although the daughter and her husband had submitted affidavits of support, they did not post two $5,000 bonds to insure they would not become dependent on the state. The son-in-law filed a motion to reopen and reconsider, in which he described how he and his wife have supported her parents for years, and that his wife has three employed siblings who could also help if needed. The District Director considered the motion and affirmed the denial.

Rule of Law


Holding and Reasoning

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