Myoung Sook Lee, A098 772 839 (BIA Mar. 27, 2014)

September 20, 2017 | Penulis: Immigrant & Refugee Appellate Center, LLC | Kategori: Permanent Residence (United States), Removal Proceedings, Cultural Globalization, United States Nationality Law, Constitutional Law
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Description: In this unpublished decision, the Board of Immigration Appeals (BIA) sustained the respondents’ appeal and ...

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In this unpublished decision, the Board of Immigration Appeals (BIA) sustained the respondents’ appeal and remanded for further consideration of their applications for adjustment of status upon finding they had not failed to continuously maintain lawful status for more than 180 days. The Board stated that under 8 CFR 1245.2(a)(5)(ii), an applicant who renews an adjustment application in removal proceedings need not meet the lawful status requirement of INA 245(c) if the requirement was met when the application was originally filed with USCIS. The Board also stated that the application should not be treated as new, rather than renewed, merely because the lead respondent was no longer inadmissible under INA 212(a). The decision was written by Member Teresa Donovan and joined by Member Roger Pauley and Member Linda Wendtland. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
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