Impact of Overseas Affirmation on I-485

JUL I5 l996
Mr. Garry HamudB
Attorney at Law
P.O. BOX 0937
Whittier, CA 90608-0937

Dear Mr. Hamud:

Your letter of March 6, addressed to Mr. Michael Straus, has been referred to me for response because it refers to an employment-based petition, an area now under my responsibility. You have asked on what authority a pending application for adjustment of status, Form I-485, can be denied "solely because the overseas subsidiary or affiliate ceased operations after the I-140 was approved but prior to the 245 interview."

There are no provisions for the denial of an application for adjustment of status on the grounds as you have stated them. Pursuant to 8 CFR 245.1(c), certain categories of aliens are ineligible for adjustment of status to that of a lawful permanent resident alien under section 245 of the Immigration and Nationality Act including, "(4) Any alien who claims...preference status under sections 203 (a)or 203(b) of the Act, unless the applicant is the beneficiary of a valid unexpired visa petition filed in accordance with part 204 of this chapter."

If the alien's visa petition was no longer valid or if it had been revoked at the time of the 245 interview, that fact would be grounds for denying the adjustment of status application.

I hope this information is helpful to you.

Sincerely,

Yvonne M. LaFleur, Chief
Business and Trade Services Branch
Benefits Division