TRIANA

Citations

• 28 I. & N. Dec. 659

Syllabus

When determining whether a respondent is grandfathered for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § ‍1255(i) (2018), a decision of the United States Citizenship and Immigration Services (\USCIS\) to approve a visa petition filed on or before April 30, 2001, does not foreclose an Immigration Judge from determining in removal proceedings whether that petition was \approvable when filed\ within the meaning of 8 C.F.R. § ‍1245.10(a)(1)(i) (2021).