Hsiao v. Hazuda

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Petitioner sought to adjust his immigration status to that of a lawful permanent resident, but in order to do so, he needed to prove that at least one of the two visa petitions he filed prior to 2001 was approvable when filed, even though both were ultimately denied. USCIS rejected plaintiff's application to adjust his status because the petitions were denied on their merits and because there was no allegation that the petitions were denied on the basis of circumstances that changed between the time when they were filed and the time when they were adjudicated. The panel affirmed the district court's grant of summary judgment to USCIS, holding that the district court correctly concluded that USCIS was permitted to treat prior merits-based denials of plaintiff's visa petitions as dispositive proof that the petitions were not approvable when filed. View "Hsiao v. Hazuda" on Justia Law