Lee v. Holder, No. 12-10 (2d Cir. 2012)
Annotate this CasePetitioner, a Malaysian citizen who has overstayed his immigrant visa in the United States, sought an adjustment of immigration status. Petitioner invoked the so-called "grandfathering" exception for beneficiaries of labor-certification applications filed by April 30, 2001 pursuant to 8 U.S.C. 1255(i)(1)(B)(ii). The Attorney General has interpreted that provision as applying only to beneficiaries actually listed on labor-certification applications as of April 30, 2001. The court held that 8 C.F.R. 245.10(j) and section 1245.10(j), in which the Attorney General set forth this interpretation, was entitled to Chevron deference. Accordingly, the IJ and BIA properly determined that petitioner was ineligible for a change of immigration status because he was not listed as a beneficiary on an application for labor certification until after April 30, 2001. The court denied the petition for review.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.