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October 6, 2011
(1) Section 201(f)(2) of the Immigration and NationalityAct, 8 U.S.C. § 1151(f)(2) (2006),governs whether an alien who is the beneficiary of a visa petition according him or hersecond-preference status as the child of a lawful permanent resident under section203(a)(2)(A) of the Act, 8 U.S.C. § 1153(a)(2)(A) (2006), is an immediate relative uponthe naturalization of the petitioning parent.
(2) Pursuant to section 201(f)(2) of the Act, an alien’s actual, not adjusted, age on the dateof his or her parent’s naturalization determines whether he or she is an immediaterelative.
(3) Section 204(k)(2) of the Act, 8 U.S.C. § 1154(k)(2) (2006), does not allow an aliento retain his or her 2A-preference status by opting out of automatic conversion to thefirst-preference category as a son or daughter of a United States citizen upon his or herparent’s naturalization.
Matter of ZAMORA-MOLINA, ID 3729, 25 I&N Dec. 606 (BIA 2011)