You are right on this. This is a really close call. Most of asylees receive waiver for whatever they did before the asylum grant, not after.
Hopefully, they realize that he did not do this for money, and he had bona fide marriage, and his now-wife has credible fear of persecution.
Dude, I think you probably need to hire a good attorney. Exclude anyone whose service covers from real estate closing to divorce. Go find immigration attorneys...
Right, they use 209(c) to waive a lot of things that people do to flee persecution, including the use of a false United States passport (which is something that will send you straight to federal prison in most circumstances). But here this has nothing to do with his escape from persecution.
Congress also says that a person covered by 212(a)(6)(E) lacks GMC per se. While GMC is not a requirement for adjustment as an asylee, I can see how an officer can use the lack of GMC to deny the waiver in the exercise of her discretion. As you said, then he cannot seek federal court review of that denial and there is nothing further to be done.
He also has positive factors in his favor. I just do not want to predict how the officer will weight all the factors. It can go either way.
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