The question often arises “May an ‘immediate relative’ of a United States citizen apply for adjustment of status shortly after arriving in the United States?” The answer is yes. This matter has been considered by the Board of Immigration Appeals and resolved in favor of applicants.

BIA decisions are, by law, binding upon all CIS officers. In an important precedent decision, Matter of Cavazos, 17 I&N Dec. 216 (BIA 1980), the Board of Immigration Appeals reviewed a matter in which an application for adjustment of status had been denied because of “pre-conceived intent.” In that case, the applicant entered the United States and, that same day, married a United States citizen. He was put into deportation proceedings as an overstay and he applied for adjustment of status. The immigration judge denied the adjustment application on the basis that the applicant had the pre-conceived intent to immigrate to the United States when he entered as a nonimmigrant. The Board reviewed the facts of the case on appeal and reversed the judge’s holding.

The BIA first noted with approval the policy of the former INS to waive this basis for denial in the absence of any other negative factors. The Board held:

“We believe, however, that the policy manifest in the Instruction, i.e., to favor immediate relatives seeking a grant of adjustment of status by essentially negating preconceived intent as an adverse factor in meritorious cases , may appropriately be adopted by the immigration judge and the Board in exercising discretion on applications for relief under section 245. The finding of preconceived intent was the only negative factor cited by the immigration judge in denying the respondent’s adjustment application and no additional adverse matters are apparent in the record. A significant equity is presented by the respondent’s United States citizen wife and child. We conclude that a grant of adjustment of status is warranted in this case and will sustain the appeal . . .”

Subsequently, this holding has been cited with approval by the BIA in similar cases.

Essentially, in the absence of any serious negative factors, this holding stands for the proposition that “preconceived intent” is a legally insufficient reason to deny adjustment of status to an immediate relative of a US citizen.