Unpub. BIA Termination Victory: Matter of Fernandes

Unpub. BIA Termination Victory: Matter of Fernandes

"In this unpublished decision, the Board of Immigration Appeals (BIA) reversed the immigration judge's finding that the respondent was inadmissible at the time of adjustment of status due to fraud or willful misrepresentation of a material fact.  The Board found the fact the respondent was compensated by receiving room and board rather than salary did not affect his status as an employee, and that a letter submitted by his employer with his Form I-140, Petition for Alien Worker, was not fraudulent merely because it was backdated.  The decision was written by Member Ana Mann and joined by Member Ellen Liebowitz and Member Hugh Mullane." - Matter of Fernandes, July 16, 2013, unpub.  [Hats off to H. Glenn Fogle Jr., and thanks as always to Ben Winograd and the Immigrant & Refugee Appellate Center.]

H. Glenn Fogle, Jr. -