Salazar-Reyes v. Holder
September 9, 2009
** Reusing approved visa petitions**
The BIA reasonably interpreted 8 CFR section204.2(h)(2) in preventing Salazar from reusing his approved visa petition to apply for adjustment of status. Under 8 CFR section204.2(h)(2) an approved visa petition that is subsequently approved again “shall be regarded as a reaffirmation or reinstatement of the validity of the original petition, except. . . when an immigrant visa has been issued to the beneficiary as a result of the petition approval.”
http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/09/05-72126.pdf
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