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The Seventh Circuit remanded for the BIA to determine whether the petitioner took “substantial steps” to acquire permanent status within one year of his eligibility, as required under INA §203(h)(1)(A) prior to the BIA’s 2012 decision in Matter of O. Vasquez. The court found that retroactive application of the O. Vasquez rule, which requires the individual to have actually filed an adjustment application instead of taking “substantial steps” to file, was manifestly unjust in this case.

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