United States Eighth Circuit

Board of Immigration appeals abused its discretion in denying a motion to remand for consideration of adjustment of status where visa petition submitted by newly married husband was approved pending appeal to the BIA. Under the statute and regulations, an approved visa petition was sufficient primary evidence of eligibility for the bona-fide marriage exemption under section 1255(e)(3).

Appellate Information

• Decided 07/13/2004
• Published 07/13/2004

Judges

• BYE, Circuit Judge., Before BYE, HEANEY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy E. Wichmer, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Greg D. Mack, argued, Washington, DC, for appellee.