BUTT

Syllabus

BUTT, 26 I&N Dec.108 (BIA 2013) ID 3779 (PDF) (1) For purposes of establishing eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), an alien seeking to be\grandfathered\ must be the beneficiary of an application for labor certification that was \approvable when filed.\ (2) An alien will be presumed to be the beneficiary of a \meritorious in fact\ labor certification if the application was \properly filed\ and \non-frivolous\ and if no apparent bars to approval of the labor certification existed at the time it was filed.