Adjustment of Status Statutes Certified to BIA

Dear Ms. Rosenberg:

Thank you for your letter of October 21, 1994, where in you raised your concern about the interpretation given by some Immigration Judges to the status of recently enacted Section 245(i) of the Immigration and Nationality Act, relating to eligibility for adjustment of status of certain aliens in the United States. We are aware of the conflict which exists between the above referenced Section 245(i) and a similarly designated Section 245(i) that relates to the newly created "S" visa.

Please be advised that in order to maintain the independent nature of the Immigration Court, the Office of the Chief Immigration Judge does not offer advisals to Immigration Judges regarding interpretations of the law. Consequently, the proper manner to resolve an issue such as the one you have raised is to seek the opinion of the Board of Immigration Appeals (hereinafter "BIA").

A case involving the apparent conflict between the two Sections 245(i) has been certified tot he BIA for an opinion. Once the BIA renders its opinion, the judges will be bound by its ruling, thereby creating continuity among the Immigration Judges on this issue.

Should you have any additional questions or concerns, please feel free to contact this office at your pleasure.

Michael J. Creppy