Sang Chul Bark v. Immigration and Naturalization Service

Petitioner was denied adjustment of status from student visitor to permanent resident, pursuant to section 245 of the Immigration and Nationality Act (“the Act”) ( 8 U.S.C. § 1255 ), and he seeks review. Respondent has conceded that the denial was based solely on the Immigration Judge’s conclusion, affirmed by the Board of Immigration Appeals, that petitioner was ineligible for adjustment of status because the marriage upon which he based his application was a sham.

Petitioner and his wife had been sweethearts for several years while'they were living in their native Korea. She immigrated to the United States and became a resident alien. Petitioner came to the United States in August, 1968, initially as a business visitor and then as a student. They renewed their acquaintance and were married in Hawaii in May 1969. Petitioner’s wife filed a petition on his behalf to qualify him for status as the spouse of a resident alien pursuant to sections 203(a)(2) and 204 of the Act ( 8 U.S.C. §§ 1153 (a)(2), 1154). Petitioner thereafter filed his own application for adjustment of status under section 245 of the Act.

Petitioner and his wife testified at the hearing on his…