USCA4 Appeal: 21-1852 Doc: 39 Filed: 12/01/2022 Pg: 1 of 14 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-2496 SOTHON SONG, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent. No. 21-1852 SOTHON SONG, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Argued: September 13, 2022 Decided: December 1, 2022 Before DIAZ, THACKER, and QUATTLEBAUM, Circuit Judges. USCA4 Appeal: 21-1852 Doc: 39 Filed: 12/01/2022 Pg: 2 of 14 Petition denied by published opinion. Judge Diaz wrote the opinion, in which Judge Thacker joined. Judge Quattlebaum wrote a concurring opinion. ARGUED: Eli A. Echols, SOCHEAT CHEA, P.C., Duluth, Georgia, for Petitioner. Neelam Ihsanullah, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Brian M. Boynton, Acting Assistant Attorney General, Anthony C. Payne, Assistant Director, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. 2 USCA4 Appeal: 21-1852 Doc: 39 Filed: 12/01/2022 Pg: 3 of 14 DIAZ, Circuit Judge: Sothon Song petitions for review of the Board of Immigration Appeals’ final removal order under 8 U.S.C. § 1252. The Board held that Song, as the recipient of a K-1 nonimmigrant visa, couldn’t adjust status to that of a conditional permanent resident without an affidavit of support from her former husband, who originally petitioned for her K-1 visa. Finding the Board’s decision to be reasonable under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), we deny Song’s petition. I. A. Song was a citizen and resident of Cambodia when her fiancé, U.S. citizen Justin Sang, petitioned for Song to receive a K-1 visa so that she could enter the United States and marry him. Song received the visa, traveled to the United States, and married Sang. Song then applied to adjust status to become a conditional permanent resident under 8 U.S.C. § 1255(d). 1 Sang, in turn, submitted Form I-864, an affidavit of support for Song’s adjustment application. 2 But the marriage fizzled and Sang withdrew his affidavit of support while Song’s adjustment application was pending. 1 We described the way a K-1 visa beneficiary can adjust her status to become a conditional permanent resident in Regis v. Holder, 769 F.3d 878, 879–80 (4th Cir. 2014). 2 I-864 sponsorship is a contractual obligation to provide support to maintain the applicant (here, Song) at an annual income of at least 125% of the federal poverty line. See 8 U.S.C. § 1183a(a)(1)(A). This obligation survives divorce and terminates only when the applicant naturalizes, works for about ten years, abandons her permanent-resident status and leaves the country, or dies. 8 C.F.R. § 213a.2(e). 3 USCA4 Appeal: 21-1852 Doc: 39 Filed: 12/01/2022 Pg: 4 of 14 United States Citizenship and Immigration Services (“USCIS”) denied Song’s application, finding that she was inadmissible under 8 U.S.C. § 1182(a)(4) as a noncitizen likely to become a public charge, and the Department of Homeland Security began removal proceedings. In the meantime, Song …
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