What is the test for adjustment of status under section 245 of the Immigration Reform Act?
MultiRegion, United States of America
The following excerpt is from Marino v. Immigration and Naturalization Service, U.S. Dept. of Justice, 537 F.2d 686 (2nd Cir. 1976):
There are two distinct questions in a proceeding upon an alien's application for adjustment of status under section 245 of the Act. The first is whether the alien applicant is eligible for such relief; the second is whether such relief should be granted in the discretion of the Attorney General. See Bagamasbad v. INS, 531 F.2d 111 (3rd Cir., 1976) (en benc), petition for cert. filed, 44 U.S.L.W. 3671 (U.S. May 14, 1976).
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