Immigration Law for US Citizens

A quick review of the recent BIA case, Matter of Jin, 29 I&N Dec. 441 (BIA 2026), shows a somewhat new front in immigration law: immigration lawyers for U.S. citizens.

Matter of Jin is a case about a U.S. citizen petitioner wanting to actively have an approved Form I-130, Petition for Alien Relative, denied after it had been approved. Why, you might ask. Well, an immigrant can obtain benefits they might not otherwise obtain by becoming a permanent resident through an approved Form I-130.

Some of the potential benefits include being able to sue a U.S. citizen for support under the provisions of the Form I-864, Affidavit of Support. (USCIS has posted an "alert" "remind[ing] individuals who have executed Form I-864 that they face serious consequences if the alien they are obliged to support receives means-tested public benefits").

The attorney for the petitioner in the Matter of Jin case is Cody M. Brown. According to his website, Mr. Brown is the managing attorney of the "nation's premier immigration law firm exclusively representing U.S. citizens who are victims of immigration fraud."

Many immigration law firms will represent U.S. citizens who desire to protect themselves from the immigration law consequences of a failed marriage. Still, it is relatively rare to see a U.S. citizen petitioner appealing the approval of their own granted petition. The case illustrates how U.S. citizens can protect themselves from a marriage gone wrong. Further, beneficiaries of such petitions should be aware of the kind of damage an angry former partner can inflict on their immigration case.

If you find yourself in either position, contact us.