Kimani v. Holder, No. 11-1497 (7th Cir. 2012)
Annotate this CaseKimani, a citizen of Kenya, entered the U.S. in 2000 on a visitor’s visa, overstayed, and, three years later, married a citizen. She applied for a visa on his behalf, and he filed a corresponding request for adjustment of status to that of lawful permanent resident. Investigation revealed that in 2003 Kimani had registered to vote and had represented that he was a U.S. citizen. In November 2004 he voted in the general election, violating 18 U.S.C. 611, and 8 U.S.C.1182(a)(10)(D)(i). An immigration judge denied Kimani’s petition and ordered his removal; the Board of Immigration Appeals affirmed. The Seventh Circuit denied a petition for review. Kimani’s problem is not that other people are ahead of him in a queue for visas; it is that he is ineligible for adjustment of status whether or not he has a visa.
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