Unpub. 245(k) Victory: Matter of Maynigo

Unpub. 245(k) Victory: Matter of Maynigo

"In this unpublished decision, the Board of Immigration Appeals granted the DHS' motion to withdraw its appeal, canceled oral argument, and remanded for the updating of background checks.  In the underlying decision, the immigration judge granted the respondent's adjustment application after finding she did not fail to maintain a "lawful status" for more than 180 days.  In support of her decision, the immigration judge cited 8 CFR 274a.12(b)(2), which provides for an automatic 240-day extension of employment authorization following a timely filed adjustment application, during which applicants are considered to be in a period of "authorized stay." " - Matter of Maynigo, A094 876 389 (BIA July 31, 2013, unpub.)  [Hats off to David Sturman, and thanks to Ben Winograd.]

[Call for article: If you are interested in writing an article for BIB on 245(k) and 8 CFR 274a.12(b)(2), please let me know.  And see all the latest BIA unpubs here.]