37 J. Marshall L. Rev. 577 (2003-2004)
Consular Absolutism: The Need for Judicial Review in the Adjudication of Immigrant Visas for Permanent Residence

handle is hein.journals/jmlr37 and id is 597 raw text is: CONSULAR ABSOLUTISM: THE NEED FOR
JUDICIAL REVIEW IN THE ADJUDICATION
OF IMMIGRANT VISAS FOR PERMANENT
RESIDENCE
MARIA ZAS*
INTRODUCTION
Sarah Marie Caro, a nineteen-year-old daughter of an
American citizen, is entitled to apply for permanent resident
status in the United States.' Unfortunately, Sarah would have to
leave the country for ten years before she could reunite with her
family.2 Although Sarah lived most of her life in the United
States, she was born in Mexico and adopted when she was four
years old.3 Sarah's adoptive parents mistakenly assumed that her
legal status in the United States had been taken care of with the
*J.D., January 2004, The John Marshall Law School, Magna Cum Laude.
J.D., 1986, University of Buenos Aires Law School. The author wishes to
thank her family for their invaluable support and The John Marshall Law
Review Board and Candidates for their editorial work.
* The functions performed by the Immigration and Naturalization Service, at
the time this Comment was written, are now performed by a new Bureau
within the Department of Homeland Security (DHS), which was created
March 1, 2003. Not all functions have been assigned to the same Bureau. The
DHS was structured in separate agencies. One of them is the Agency of
Border and Transportation Security, which is divided into two Bureaus for its
immigration related services.  The Bureau of Immigration of Custom
Enforcement is in charge of investigation and enforcement of the INA and
other related federal laws. The U.S. Citizen and Immigration Services Bureau
has primary responsibility for processing citizenship and permanent residency
applications. See www.dhs.gov and www.uscis.gov.
1. Compassion Please, L.A. TIMES, Oct. 26, 2000, at B10. For a full
recount of Sarah's situation, an explanation of her adoption, and the
consequences of not extending the filing deadline of § 245(i) in her case, see
Patrick J. McDonnell, INS Rules-pose Catch-22 for Adoptee; Citizenship: A 10-
year Ban From U.S. is Possible. The Dilemma is Common, L.A. TIMES, Oct. 23,
2000, at Al.
2. Compassion Please, supra note 1, at B10. See also 8 U.S.C.
§ 1182(a)(9)(B) (2000) (providing that aliens who are unlawfully present in the
United States for a period of more than 180 days or one year or more and
voluntary leave the country are banned from seeking readmission for three
years and ten years, respectively).
3. Compassion Please, supra note 1, at B10.

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