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Another win for the Law Offices of Brian D. Lerner

Client was placed in removal proceedings as a result of various convictions and those proceedings were eventually administratively closed (when she married a U.S. citizen and her I-130 was approved) so that she could apply for a provisional unlawful presence waiver (I-601A).  When Client’s I-601A was approved, her case was recalendared and she was granted voluntary departure, and after post-conviction relief for a theft conviction and various follow ups with the consulate, her visa was granted and she is now safely back in the United States with her husband and children.

USC Spouse denied due process because immigrant spouse denied a visa?

Supreme Court Holds U.S. Citizen Spouse Was Not Deprived of Due Process

In a 5-4 decision, the Supreme Court vacated the Ninth Circuit’s decision in Kerry v. Dinand remanded. The plurality held that because the respondent, a U.S. citizen, was not deprived of “life, liberty, or property,” the government did not deny her any constitutional due process right when it denied her spouse a visa, and that the Due Process Clause did not require the government to explain its decision to deny the visa.

The K3 and the Pitfalls people don’t know about

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