Ravinder Kumar v. Eric Holder, Jr.

MEMORANDUM

Petitioner Ravinder Kumar, a native and citizen of India, entered the United States on a fraudulent K-l fiancé visa and sought asylum. He now seeks review of the Board of Immigration Appeals’ (“BIA”) decisions barring him from adjusting his status and dismissing his appeal of the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal,- and Convention Against Torture (“CAT”) protection. We have jurisdiction under 8 U.S.C. § 1252 and we deny the petition for review.

First, Kumar contends that he may adjust his status based on a relative petition filed by his U.S. citizen father, notwithstanding § 245(d) of the Immigration and Nationality Act (“INA”), which bars a K-l visaholder from adjusting his status on any basis other than marriage to the U.S. citizen who petitioned on his behalf. 8 U.S.C. § 1255 (d); see also 8 C.F.R. § 245.1 (c)(6) (barring a non-citizen who is “admitted” on a K-l fiancé(e) visa from adjusting his status unless he marries the sponsoring fíancé(e)). A K-l visaholder is defined as someone who enters the U.S. to marry a sponsoring U.S. citizen within ninety days after “admission.” INA § 101 (a)(15)(K), 8 U.S.C. §…