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Name: MILES, PAULA ANDREA

A 200-542-498

Date of this notice: 3/12/2014

Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,

DOYUtL ct1JVL)
Donna Carr Chief Clerk

Enclosure Panel Members: Holmes, David B.

SCllWcffZA

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Paula Andrea Miles, A200 542 498 (BIA Mar. 12, 2014)

U.S. Department of Justice

Executive Office for Immigration Review Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File:

A200 542 498 - Dallas, TX

Date:

MAR 1 2 2014

In re: PAULA ANDREA MILES IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL AND MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF OHS: Jason Mills, Esquire

Paul Hunker Assistant Chief Counsel

ORDER: The respondent and the Department of Homeland Security ("OHS") have filed a joint motion to terminate these proceedings, while the respondent pursues an application for adjustment of status before the OHS, United States Citizenship and Immigration Services (USCIS). granted, and these proceedings are te ice.

d
FOR THE BOARD

The motion is

Cite as: Paula Andrea Miles, A200 542 498 (BIA Mar. 12, 2014)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT DALLAS, TEXAS

Immigrant & Refugee Appellate Center | www.irac.net

File: A200-542-498 In the Matter of

October 30, 2013

PAULA ANDREA MILES RESPONDENT

) ) ) )

IN REMOVAL PROCEEDINGS

CHARGES:

237(a)(1 )(8), a nonimmigrant remained longer than permitted.

APPLICATIONS:

Adjustment of status.

ON BEHALF OF RESPONDENT: NATALIA LOPEZ ON BEHALF OF OHS: JOHN ALLUMS

ORAL DECISION OF THE IMMIGRATION JUDGE The respondent is a 29-year-old, female, native and citizen of Colombia who entered the United States as a K-1 nonimmigrant on April 15, 2009. A Notice to Appear was issued on November 8, 2010, charging the respondent with removability under the above-cited section. During a master calendar hearing, the respondent admitted the allegations and conceded the charge, and designated Colombia as the country of removal. The charge was sustained based on clear and convincing evidence. The respondent was given an opportunity to request relief. The sole relief requested by the respondent was adjustment of status under Section 245 of the Act.

The respondent was explicitly given the opportunity to apply for voluntary departure and declined to do so. The documents submitted by the parties will be admitted into the record. Exhibit 1 is the Notice to Appear. Exhibit 2 is the respondent's packet filed November 15, 2012. Exhibit 3 is the respondent's packet filed on January 29, 2013. Exhibit 4, the respondent's packet filed on July 23, 2013. And Exhibit 5 is the Form 1-129. Additionally, I take notice that the parties submitted briefs. STATEMENT OF THE FACTS The respondent is a 29-year-old, female, native and citizen of Colombia who entered the United States as a K-1 nonimmigrant on April 15, 2009. The respondent did not marry within the designated 90 day period. Instead, she did marry the petitioner !l-Mowever, that marriage took place 273 days after entry, which falls outside the 90 day period. The respondent is still married as of the date of the hearing. The respondent has submitted a Form 1-45 and has an approved visa petition. Notice to Appear was issued on November 8, 2010. ANALYSIS The respondent bears the burden of proof. The respondent is statutorily ineligible to adjust pursuant to Section 245(d) of the Act and Section 8 C.F.R. 245.1(c) since the regulation specifies that a K-1 fiancee can only adjust status based on a marriage that was entered into with the petitioner within 90 days of entry. Because that requirement is not met, the respondent is not eligible to apply for adjustment, and therefore, the application is pretermitted based on ineligibility. Accordingly, the following orders will be entered. ORDER IT IS ORDERED that the application for adjustment of status under

Immigrant & Refugee Appellate Center | www.irac.net

A200-542-498

October 30, 2013

Section 245 of the Act be and is hereby denied. FURTHER ORDERED IT IS ORDERED that the respondent be removed from the United States

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to Colombia on the charges contained in the Notice to Appear.

Please see the next page for electronic signature R. WAYNE KIMBALL Immigration Judge

A200-542-498

October 30, 2013

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Immigrant & Refugee Appellate Center | www.irac.net

A200-542-498

October 30, 2013