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Citations for ILW.COM's Seminar
Family Immigration for Experts
Session 1 held on May 23, 2013

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

Provided by Melvin Solomon

On issue of what happens when a spouse dies before the I-130 is filed or while it is pending there is a December 2, 2009 Policy Memo from Donald Neufeld, Lori Scialabba, and Pearl Chang under HQDOMO 70/6/1.1P AND 70/6.1.3P which is available on the internet. The statutory reference is 201(b)(2)(A)(i). -- As to filing the form I-360 see also 204(a)1(A)(ii). There are also changes to Chapter 21.2 of the Adjudicators Field Manuel. See also 8 C.F.R. 204(i)(1)(iv) and 205.1(a)(3)i)(C)(1).

For position that in adjudication of an I-751 where the spose dies the I-751 burden of proof is the same as that of a joint petition that is the burden of proof is on the government see Matter of Rose, 25 I & N. Dec. 181 (b.i.a. 2010)


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