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Keywords

appealregulationvisanaturalization
appealregulationvisa

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United Airlines Flight UA802, Matter of

Facts

The alien entered the country on a visitor's visa and later obtained an employment visa through her employer, Anna Zarren. After several years of delay in applying for an adjustment of status, Zarren passed away, leading the Immigration and Naturalization Service (INS) to deny the alien's application for adjustment of status based on the automatic invalidation of her visa due to the sponsor's death. The alien's attempts to seek relief through the IJ and BIA were unsuccessful, as both bodies found they lacked the authority to grant the requested relief.

The alien entered the country on a visitor's visa and later obtained an employment visa through her employer, Anna Zarren.

Issue

Whether the death of the alien's sponsoring employer automatically invalidated her employment visa and rendered her ineligible for adjustment of status.

Whether the death of the alien's sponsoring employer automatically invalidated her employment visa and rendered her ineligible for adjustment of status.

Rule

Under 8 C.F.R. 1205.1(a)(3)(iii)(B), the death of the petitioner or beneficiary automatically revokes the approval of a visa petition, thus affecting eligibility for adjustment of status under 8 U.S.C. 1255(a).

Under 8 C.F.R. 1205.1(a)(3)(iii)(B), the death of the petitioner or beneficiary automatically revokes the approval of a visa petition, thus affecting eligibility for adjustment of status under 8 U.S.C. 1255(a).

Analysis

The court applied the rule by determining that the BIA and IJ correctly interpreted the regulation, which does not allow for discretion in cases where the visa sponsor has died. The court noted that the alien had not exhausted her administrative remedies regarding her equitable tolling claim, as she had not raised it before the IJ or BIA. Therefore, the court found no error in the BIA's decision to affirm the IJ's ruling.

The court applied the rule by determining that the BIA and IJ correctly interpreted the regulation, which does not allow for discretion in cases where the visa sponsor has died.

Conclusion

The court affirmed the BIA's decision, concluding that the regulations did not permit the alien to adjust her status due to the death of her sponsor.

The court affirmed the BIA's decision, concluding that the regulations did not permit the alien to adjust her status due to the death of her sponsor.

Who won?

The Board of Immigration Appeals (BIA) prevailed in the case, as the court upheld their decision that the alien was ineligible for adjustment of status due to the automatic revocation of her visa upon her sponsor's death.

The Board of Immigration Appeals (BIA) prevailed in the case, as the court upheld their decision that the alien was ineligible for adjustment of status due to the automatic revocation of her visa upon her sponsor's death.

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