Second Circuit Finds no Authority for 237(a)(1)(H) Waiver for Conditional Resident who Failed to File Joint I-751 Petition

The Second Circuit has determined that a non-citizen whose conditional residence is terminated for failure to file a joint petition to remove the conditions is not eligible to seek a waiver under section 237(a)(1)(H) of the INA, even if the failure to file the joint petition is related to to marriage fraud.

The full text of Bador v. Garland can be found be found here: https://ww3.ca2.uscourts.gov/decisions/isysquery/413f83c3-2f65-479a-a951-2b9c1c3c5908/3/doc/22-6492_opn.pdf

Ninth Circuit Applies 212(h) Aggravated Felony Bar to those Admitted to the US as Conditional Residents

The Ninth Circuit has held that individuals who enter the United States as conditional residents (i.e., those who obtain their conditional residency through consular processing and not adjustment of status) are subject to the aggravated felony bar in section 212(h) of the INA.  In other words, such individuals are not eligible for a 212(h) waiver of inadmissibility if they have been convicted of an aggravated felony since their admission to the United States as conditional residents.

The full text of Eleni v. Sessions can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/24/13-73455.pdf

Seventh Circuit Addresses Termination of Conditional Residence for a Widow of a US Citizen

The Seventh Circuit has determined that the death of a U.S. citizen during the two years of their non-citizen spouse's conditional residence automatically waives the requirement that the couple jointly file a petition to remove the conditions on the residence.  Because the waiver is automatic, there is no need to file an I-751 waiver request.

The full text of Putro v. Lynch can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D07-07/C:14-2430:J:Williams:aut:T:fnOp:N:1788032:S:0