Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Tuesday, February 4, 2014

BIA on reopening for provisional waiver

In re Daniel Romero-Tello, A200-297-980, 2013 WL 6921581 (Dec. 31, 2013 BIA) (unpublished).

The noncitizen filed a timely motion to reopen. He sought administrative closure so he could file an I-601A unlawful presence provisional waiver. The BIA denied the motion because he is subject to a final order of removal and is therefore ineligible for the waiver (although he would be eligible if the motion was granted). The BIA noted that the regulations do not provide for reopening on this basis.

The noncitizen also sought reopening and reconsideration because his U.S. citizen wife's visa petition was approved. The BIA denied the motion because, when it first decided the appeal, there was no proof the I-130 was approved. The noncitizen failed to file this proof before the appeal was denied despite having over 3 months to do so.

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