|
|
 |
 |
 |
 |
 |
|
[Previous entry: "Honduras And Nicaragua TPS Filing Location Changes"] [Main Index] [Next entry: "Fewer Foreign Grad Students Enroll in U.S."] 11/04/2004 Entry: "BIA Has No Discretion To Waive Living Sponsor Requirement For Employment-Based Visa Petition" In Mahabir, et al. v. Ashcroft, No. 03-1059 (1st Cir. Oct. 22, 2004), the court said that under 8 CFR 1205.1(a)(3)(iii)(B), the BIA may not waive the requirement of a living sponsor for an employment-based visa petition, in marked contrast to the authority given in 8 CFR 1205.1(a)(3)(i)(C), which provided "humanitarian" discretion in the Attorney General to grant an adjustment upon the death of a relative where the family-based or immediate relative petition for adjustment was based on relative status.
|
