BATTISTA

Citations

• 19 I. & N. Dec. 484

Syllabus

BATTISTA, 19 I&N Dec. 484 (BIA 1987) ID 3036 (PDF) (1) The immigration judge erred in denying the respondent's application for adjustment of status on the ground that he had a preconceived intent to remain in the United States at the time of hisentry as a nonimmigrant where the respondent was eligible for an immigrant visa and his uncontroverted testimony was that he had only intended to visit his family in this country for ashort period at the time of his arrival. (2) The immigration judge also erred by not weighing the respondent's significant family ties since preconceived intent is only one factor to be considered in the exercise of administrativediscretion. (3) In accordance with an interim rule promulgated by the Immigration and Naturalization Service, the Board of Immigration Appeals will limit its application of the bar of section 245(c)(2)of the Immigration and Nationality Act, 8 U.S.C. § 1255(c)(2) (1982), as amended by the Immigration Reform and Control Act of 1986, which precludes adjustment of status to any alien,other than an immediate relative, who is not in legal status on the date of filing, to aliens who filed adjustment applications on or after November 6, 1986.