ZAMORA-MOLINA

Citations

• 25 I. & N. Dec. 606

Syllabus

ZAMORA-MOLINA, 25 I&N Dec. 606 (BIA 2011) ID 3729 (PDF) (1) Section 201(f)(2) of the Immigration and NationalityAct, 8 U.S.C. § 1151(f)(2) (2006), governs whether an alien who is the beneficiary of a visa petition according him or her second-preference status as the child of a lawful permanent resident under section 203(a)(2)(A) of the Act, 8 U.S.C. § 1153(a)(2)(A) (2006), is an immediate relative upon the naturalization of the petitioning parent. (2) Pursuant to section 201(f)(2) of the Act, an alien's actual, not adjusted, age on the date of his or her parent's naturalization determines whether he or she is an immediaterelative. (3) Section 204(k)(2) of the Act, 8 U.S.C. § 1154(k)(2) (2006), does not allow an alien to retain his or her 2A-preference status by opting out of automatic conversion to thefirst-preference category as a son or daughter of a United States citizen upon his or her parent's naturalization.