Wednesday, January 18th, 2017

BIA on 245(i), Grandfathering: Matter of Butt, ID 3779, 26 I&N Dec. 108 (BIA 2013)

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Matter of Butt, ID 3779, 26 I&N Dec. 108 (BIA 2013) - (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.