S Folinsky

A new case from the Board of Immigration Appeals on adjudication of an application for waiver of the joint petition when the AmCit has died -- Matter of Rose, 25 I&N Dec. 181 (BIA 2010). I find the procedural posture of this case to be downright weird -- it should not have gone to "reconsideration." The importance of this arises from the fact that Board chose to publish this case as binding precedent. Of particular interest to this poster is the notation at the end that the "burden of proof" is on the Service to show the marriage was not valid.