Maria Corazon Senica Evangeline S. Senica Virgilio S. Senica Cherry S. Senica v. Immigration & Naturalization Service

OVERVIEW

Maria Corazon Senica and her children petition for review of the Board of Immigration Appeals’ decision to deny the children’s applications for discretionary relief from deportation under § 212(k) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (k), and Maria’s application for relief under § 241(f) as the mother of a lawful resident alien. The Board found the children ineligible for the § 212(k) waivers by imputing to them Maria’s knowledge of the children’s ineligibility for immigration visas prior to leaving the Philippines and consequently, Maria’s application under § 241(f) was denied. We affirm.

FACTS AND PROCEDURAL HISTORY

Rodrigo Senica, now deceased, came to the United States in 1980. He was admitted on the basis of his claim to an immigration preference for unmarried children of lawful permanent residents. Although Rodrigo’s father was a lawful resident alien in 1980, Rodrigo was at the time of entry already married to Maria Corazon Senica, and two children had been born before Rodrigo came to the United States, with a third bom in 1981. Rodrigo was therefore not lawfully admitted to the United States.

In 1988, when the children were eleven, nine, and…