Speech #1040134954

On June 15. 1991. he married his current wife. Julie. who is a U.S. citizen. Shortly thereafter. she filed an immigrant visa petition on behalf of her husband. Approval of this petition has been blocked. however. by the application of �204(c) of the Immigration and Nationality Act. Section 204(c) precludes the approval of a visa petition for anyone who entered. or conspired to enter. into a fraudulent marriage. The Immigration and Naturalization Service [INS] applied this provision in Mr. Rezais case because his previous marriage ended in divorce before the conditions on his residence were lifted. In deportation proceedings following the divorce. the judge was very careful to mention that there was no proof of false testimony by Mr. Rezai. and he granted voluntary departure rather than ordering deportation because. in his words. Mr. Rezai "may be eligible for a visa in the future." Despite these comments by the immigration judge. the INS has refused to approve Mrs. Rezais petition. An appeal of this decision is currently pending before the Board of Immigration Appeals [BIA]. In the meantime. Mr. Rezai appealed the initial termination of his lawful permanent resident status in 1990 and the denial of his application for asylum and withholding of deportation. In August of this year. the Tenth Circuit Court of Appeals denied this appeal and granted him 90 days in which to leave the country voluntarily or be deported. Under current law. there is no provision to postpone Mr. Rezais deportation pending the BIAs ruling on the current immigrant visa petition filed by his wife. Mr. President. there is no doubt that deportation would be the source of extraordinary hardship to both Mr. and Mrs. Rezai. Throughout all the proceedings of the past 4 years. no one including the INS. has questioned the validity of their current marriage.