United States Fourth Circuit

In case involving Macedonian citizen who entered the U.S. on a K-1 fiance visa, got married in good faith, filed for adjustment of status, but divorced prior to adjudication of his petition, and where the former wife failed to forward petitioner's mail to his new address, resulting in his failure to appear for his interview, an order granting voluntary departure, but refusing to adjust status despite petitioner's new employment, is upheld over primary claim that the INA should be interpreted to permit his application to adjust status based on employment.

Appellate Information

• Decided 05/21/2007
• Published 05/21/2007

Judges

• Before WIDENER, TRAXLER, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jennifer Sheethel Varughese, Herndon, Virginia, for Petitioner.  Leslie Megan McKay, Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondents.   ON BRIEF:  Joe W. Nesari, Herndon, Virginia, for Petitioner.   Peter D. Keisler, Assistant Attorney General, Civil Division, Linda S. Wernery, Assistant Director, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondents.