Regis v. Holder, Jr.

Petitioner, a native and citizen of the Philippines, entered the United States on a K-2 visa as the minor child of his mother, but he turned 21 before he applied for an adjust of status to lawful conditional permanent resident. The IJ denied the application because petitioner did not qualify as a minor child under 8 U.S.C. 1255(d) and the BIA affirmed. The court found the BIA's determination of "minor child" status in Matter of Le well-reasoned and concluded that the BIA's analysis embraces the existing statutory and regulatory framework, reaching a result consistent with that framework. The BIA's interpretation of the Immigration and Nationality Act - that a K-2 visa holder seeking adjustment of status must be under 21 at the time of admission - is therefore a permissible construction and is owed Chevron deference. Accordingly, the court denied the petition for review. View "Regis v. Holder, Jr." on Justia Law