In consolidated petitions for review of the BIA's denial of petitioners' applications for permanent resident status, the petitions are denied where petitioners were ineligible to adjust to lawful permanent resident status via the "grandfathering" regulations implementing Section 245(i) of the Immigration and Nationality Act. As to one petitioner, his marriage occurred after his wife adjusted to lawful permanent resident status, and thus his wife did not impart grandfathered status to him. As to the other petitioner, she was not grandfathered because being a registrant for the Replenishment Agricultural Worker program did not satisfy the requirement of having filed an application for labor certification.
Submitted June 12, 2009
Filed September 1, 2009
Opinion by Judge McKeown
Christopher J. Todd, Mill Valley, CA
Joanne E. Johnson, U.S. Department of Justice, Civil Division, Office of Immigration Litigation,