BUTT

Cite as

26 I&N Dec. 108

(BIA 2013) Interim Decision #3779 Matter of Muhammad Imran BUTT, Respondent Decided April 19, 2013 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) For purposes of establishing eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), an alien seeking to be “grandfathered” must be the beneficiary of an application for labor certification that was “approvable when filed.” (2) An alien will be presumed to be the beneficiary of a “meritorious in fact” labor…