On June 7th, 2011, the U.S. Courts of Appeals for the Second Circuit held that pursuant to INA § 216(c)(4)(B), 8 U.S.C. § 1186a(c)(4)(B), and its implementing regulation, 8 C.F.R. § 1216.5(e)(2), the person seeking to remove the conditions of a conditional residence bears the burden to prove that the marriage was entered in good faith.
The court noted that among the factors to determine if the marriage was entered in good faith despite a subsequent divorce that would allow the petitioner to remove the conditions without his/her spouse as per INA regulations are:
(i) Documentation relating to the degree to which the financial assets and liabilities of the parties were combined;
(ii) Documentation concerning the length of time during which the parties cohabitated after the marriage and after the alien obtained permanent residence;
(iii) Birth certificates of children born to the marriage; and
(iv) Other evidence deemed pertinent by the director.
In this case, the court of appeals denied the petitioner's appeal. The petitioner was Removed from the U.S. It is important to note that the facts and circumstances in each case make a big difference as to a favorable response from INS and or the court. It is necessary to have an attorney represent you. As in this case, the petitioner may have thought that it was simple to submit a form but that risk caused him to be Deported.
Miami Attorney Elizabeth Carlin Legal News provides information to visitors in the areas of: Immigration and Foreclosure This Blog may be written in Spanish, particularly when addressing current Inmigration topics.
