Kukalo v. Holder, Jr., No. 09-3338 (6th Cir. 2011)
Annotate this CaseHusband and wife, citizens of Ukraine, entered the United States in 1994. When their visas expired they conceded removability and applied for asylum. While proceedings were pending, husband's employer filed an I-140 petition for alien workers; the notice of approval indicated that husband was not eligible for adjustment of status. An immigration judge denied asylum. The BIA dismissed an appeal, subsequently denied adjustment of status, and refused to reopen removal proceedings. The Sixth Circuit denied petitions for review. The petitioners failed to establish that they maintained lawful status under either INA 245(c)(2) or (k) as required for an application for adjustment under INA 245(a).
This opinion or order relates to an opinion or order originally issued on February 10, 2011.
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