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CA2 Says 245(i) Grandfathering Requires Proof of Bona Fide Marriage

The court upheld the BIA’s interpretation that a marriage-based petition, for purposes of grandfathering under INA §245(i), must be based on a bona fide marriage to demonstrate that the petition was approvable when filed. (Huarcaya v. Mukasey, 12/12/08)

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Cite as AILA Doc. No. 09021066.

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