SAN FRANCISCO (CN) – A woman did not lose her opportunity to become a permanent U.S. resident because she divorced her American husband before her interview, the 9th Circuit.
Yelena Choin divorced Albert Tapia five days short of two years since she filed her residency application. At the end of the two-year period, an immigrant and his or her American spouse are required to appear at an interview to verify that their marriage is not fraudulent.
The Immigration and Naturalization Service (INS) denied Choin’s application because of her divorce. However, Judge Pregerson ruled that if the INS had ruled on her case sooner, she may have been approved.
Pregerson ruled that the law does not require “the automatic removal of immigrants whose marriages end in divorce while their application for adjustment of status languishes in the agency’s file cabinet.”