Rodriguez Tovar v. Sessions

Anyone who under the relevant statutes is considered a minor child of a legal permanent resident (LPR) on the date of the parent's naturalization (and who is the beneficiary of a valid petition for an immigrant visa based on that status) can obtain a visa as the minor child of a citizen following his parent's naturalization. In this case, the Ninth Circuit granted a petition for review of the BIA's decision rejecting petitioner's application for adjustment of status. The panel held that petitioner, a child of an LPR who was deemed by statute to be a minor child until the very day his father naturalized, still qualified as a minor on that day. The panel remanded to the BIA to find that petitioner had an immediately available visa as the immediate relative of a U.S. citizen and to conduct further proceedings regarding the other requirements for adjustment of status. View "Rodriguez Tovar v. Sessions" on Justia Law