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Keywords

statuteappealvisa
visa

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Le, Matter of

Facts

Noel Joseph Menor Regis, a native of the Philippines, entered the United States on a K-2 visa in 2007 as the minor child of his mother, who was a K-1 visa holder. After his mother married a U.S. citizen, Regis applied to adjust his status to lawful permanent resident. However, USCIS denied his application because he had turned 21 before entering the U.S., thus not qualifying as a 'minor child' under the relevant statute. The BIA affirmed this decision, leading Regis to appeal to the Fourth Circuit.

Noel Joseph Menor Regis, a native of the Philippines, entered the United States on a K-2 visa in 2007 as the minor child of his mother, who was a K-1 visa holder.

Issue

Whether the BIA's interpretation that a K-2 visa holder must be under 21 at the time of admission to the U.S. to qualify for adjustment of status is valid.

Whether the BIA's interpretation that a K-2 visa holder must be under 21 at the time of admission to the U.S. to qualify for adjustment of status is valid.

Rule

The court applied the Chevron deference test, determining that the BIA's interpretation of the INA regarding the definition of 'minor child' was reasonable and entitled to deference.

The court applied the Chevron deference test, determining that the BIA's interpretation of the INA regarding the definition of 'minor child' was reasonable and entitled to deference.

Analysis

The court found that the BIA's interpretation in the Matter of Le was well-reasoned and consistent with the statutory framework. The BIA concluded that the age of a K-2 visa holder at the time of entry into the U.S. determines their eligibility for adjustment of status. Since Regis was over 21 at the time of his entry, the court upheld the BIA's decision to deny his application.

The court found that the BIA's interpretation in the Matter of Le was well-reasoned and consistent with the statutory framework.

Conclusion

The Fourth Circuit denied Regis' petition for review, affirming the BIA's decision that he was not eligible for adjustment of status due to his age at the time of entry.

The Fourth Circuit denied Regis' petition for review, affirming the BIA's decision that he was not eligible for adjustment of status due to his age at the time of entry.

Who won?

The government prevailed in this case because the court upheld the BIA's interpretation of the INA, which determined that Regis did not qualify as a 'minor child' for adjustment of status.

The government prevailed in this case because the court upheld the BIA's interpretation of the INA, which determined that Regis did not qualify as a 'minor child' for adjustment of status.

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