AMORNVOOTISKUL

Citations

• 19 I. & N. Dec. 366

Syllabus

AMORNVOOTISKUL, 19 I&N Dec. 366 (BIA 1986) ID 3009 (PDF) (1) Under the pertinent provisions of section 19 of the Immigration and Nationality Act Amendments of 1981, Pub. L. No. 97-116, 95 Stat. 1611 [codified at 8 U.S.C. § 1151 (1982)], analien is not subject to the numerical limitations of the Act if he was present in the United States on or before June 1, 1978, and was qualified as a nonpreference immigrant under section203(a)(8) of the Act, 8 U.S.C. § 1153(a)(8) (1982) was exempt from the labor certification requirement of section 212(a)(14) of the Act, 8 U.S.C. § 1182(a)(14) (1982), as a qualifiedinvestor and properly filed an application for adjustment of status to that of an alien lawfully admitted for permanent residence, which is still pending. (2) Section 19 of the 1981 Amendments to the Act has been interpreted by the Immigration and Naturalization Service in its regulations to mean that an application for adjustment of status maybe approved after June 1, 1978, provided that the applicant has a priority date on or before June 1, 1978, and meets the other requirements of section 19.