Popa

I. Factual and Procedural Background

On July 29, 2002, Popa was lawfully admitted to the United States as an exchange visitor1 authorized to remain in the U.S. 1 Popa entered the U.S. on a J-1 Exchange Visitor Visa. A J-1 Visa is provided to individuals “for educational and cultural exchange programs POPA v. HOLDER 8231 until October 19, 2002. After entering the United States, Popa married Jason A. San Souci, a U.S. citizen.2 On April 1, 2003, San Souci filed a Form I-130—a “Petition for Alien Relative” —with the Bureau of U.S. Citizenship and Immigration Ser- vices (“USCIS”) on behalf of Popa; that same day, Popa applied to USCIS to become a permanent resident based on the Form I-130. Popa and San Souci lived in Nevada and used a mail address: P.O. Box 971, Crystal Bay, Nevada.

In January 2004, San Souci informed Popa he had to travel to New Jersey to attend a child custody hearing regarding his son from a previous marriage. On January 26, 2004, without informing Popa, San Souci withdrew the Form I-130 petition; accordingly, on February 5, 2004, USCIS denied Popa’s application for status as a permanent resident and sent notice of the denied…