The Board of Immigration Appeals (BIA) precedent decision in Matter of Arai continues to influence adjustment of status applications, according to immigration attorney Cyrus Mehta. The decision clarifies that while applicants must demonstrate “unusual or even outstanding equities” to offset adverse factors, the absence of such factors typically leads to approval of the application, albeit at the discretion of the authorities.
Key Details:
- Matter of Arai establishes that adjustment of status should generally be granted when there are no adverse factors.
- The BIA’s ruling emphasizes the importance of statutory eligibility in the approval process.
- The recent memo adopts language from Arai but omits its critical point regarding the absence of negatives.
- Applicants are encouraged to present strong equities when adverse factors are present.
This ruling is significant for immigrants seeking adjustment of status, as it underscores the importance of both eligibility and the absence of negative factors in the approval process. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Cyrus Mehta