Akram v. Holder, No. 12-3008 (7th Cir. 2013)
Annotate this CaseAkram, her mother, and her younger sister were citizens of Pakistan. Akram’s mother married Siddique, a U.S. citizen, in 2005 when Akram was 18 years old. The marriage occurred outside the U.S.; Siddique requested K visas so that the women could wait for permanent visas in the U.S. and filed I-130 petitions to make them eligible for immigrant visas as “immediate relatives” of a citizen. 8 U.S.C. 1151(b)(2)(A)(i). Akram’s mother and sister received K-3 visas and their I-130 Petitions were granted. Akram’s request for a K visa was granted, but her I-130 petition was denied because of inconsistent definitions, such that she was too old to be Siddique’s “child,” even though she was still her mother’s “minor child.” Akram’s mother became a lawful permanent resident and filed her own I-130 alien relative petition on Akram’s behalf in 2008, which is pending. Akram remained in the U.S. after her K-4 visa expired, and removal proceedings began in 2009. An Immigration Judge held that 8 C.F.R. 245.1(i) bars Akram from adjusting status by any means other than through Siddique. The Board of Immigration Appeals agreed. The Seventh Circuit reversed, referring to the Immigration and Nationality Act as "Byzantine” and concluding that the regulation at issue conflicts with congressional intent.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.