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In the Matter of Brantigan

11 I&N Dec. 493 (B.I.A. 1966)
In the Matter of Brantigan

2 Citing briefs

  1. Hu et al v. Johnson et al

    MOTION to Dismiss for Lack of Jurisdiction

    Filed October 6, 2016

    In visa petition proceedings, Petitioner bears the burden of establishing eligibility for the benefit sought. See Matter of Brantigan, 11 I&N Dec. 493 (BIA 1966). As Petitioner has not satisfied his burden of establishing eligibility, the Form I-526 is denied.

  2. Ma v. Uscis Director

    MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment

    Filed August 5, 2016

    In visa petition proceedings, such as the adjudication of an I-130 petition by USCIS, the burden of proving eligibility for the benefit sought remains entirely with the petitioner. 8 U.S.C. § 1361; Matter of Brantigan, 11 I. & N. Dec. 493, 493 (BIA 1966). An alien does not obtain a vested right for adjustment of status upon approval of a visa petition.