Valencia-De-Fajardo

MEMORANDUM **

Dora Guadalupe Valencia de Fajardo (“Fajardo”) entered the United States illegally on August 8, 1993. The Immigration and Naturalization Service (“INS”) served her with an Order to Show Cause the next day. Several months later, Fajardo conceded deportability in exchange for a six-month period of voluntary departure, which would end on September 17, 1994. On September 15, 1994, the INS extended Fajardo’s voluntary departure period to July 28, 1995. On July 31, 1995, the INS issued a nunc pro tunc extension of the period to July 31, 1996, which was itself extended by handwritten notation to July 31, 1997. On July 30, 1997, the INS again extended the period to November 30, 1997. And finally, on November 27, 1997, the INS extended the period to January 23, 1998.

The Service concedes that these extensions were given to Fajardo with the expectation and understanding that they would allow her to remain in the United States until a visa petition on her behalf was approved. On October 28,1997, a visa petition filed by Fajardo’s daughter, who was a United States citizen and who had just reached the age of 21, was approved by the INS. Fajardo moved to adjust status on January…