The Board of Immigration Appeals has determined that an Immigration Judge may revisit whether a 245(i) grandfathering petition was actually approvable when filed, even if USCIS approved the petition. in this case, the respondent’s wife had been the beneficiary of an F2B petition filed by her father. Her father failed to disclose she was married, and the petition was approved. The respondent then tried to claim grandfathering eligibility through the petition, even though F2B petitions are only valid if the beneficiary is unmarried. “We conclude that a visa petition that is not “meritorious in fact” at the time of filing will not be considered “approvable when filed,” even if the visa petition was, in fact, approved and never revoked.”
The full text of Matter of Triana can be found here: