Cen v. Attorney General of the United States, No. 14-4831 (3d Cir. 2016)
Annotate this CaseCen, a Chinese national, was 19 when her mother married a U.S. citizen in China. After obtaining her K-4 visa and moving to the U.S. with her mother, Cen sought to adjust her status; her stepfather filed an I- 130 petition on her behalf. Cen’s application was denied because Cen was 19 when her mother married and could not be deemed her stepfather’s “child” under 8 U.S.C. 1101(b)(1)(B). After becoming a lawful permanent resident, Cen’s mother filed an I-130 petition on Cen’s behalf, which was approved. Cen again applied for adjustment of status. She was denied because the Regulation specifies that a K-4 child’s I-130 petition must be filed by “the same citizen who petitioned for the alien’s parent’s K-3 status,” i.e., the U.S. stepparent. 8 C.F.R. 245.1(i). The government opened removal proceedings against her for overstaying her original K-4 visa. The BIA upheld an IJ’s determination that Cen was not entitled to relief. The Third Circuit reversed, stating that immigration laws may be labyrinthine, but should not “offer older K- 4 children nothing more than a legal dead end.” The court joined the Seventh Circuit in holding that 8 C.F.R. 245.1(i) is invalid because it “essentially reverses the eligibility structure set out by Congress.”
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