Park

I. Factual Background

Park is a native and national of South Korea. Park entered the United States as a nonimmigrant visitor on October 13, 1998. Park subsequently received a student visa, but failed to maintain her status as a student. The former Immigration and Naturalization Service (INS)1 charged Park with removability. The Immigration Judge (IJ) found that Park was removable as charged because she failed to maintain her student status, but granted Park two weeks to voluntarily depart the United States. On appeal, the BIA summarily affirmed the IJ’s deci- sion. 1 On March 1, 2003, the INS ceased to exist and its functions were trans- ferred to the newly created Department of Homeland Security. See Chuyon Yon Hong v. Mukasey, 518 F.3d 1030, 1032 n.1 (9th Cir. 2008). PARK v. HOLDER 8531 Park then (1) requested that the BIA reopen her case and (2) applied for adjustment of status to lawful permanent resi- dent on the basis of her marriage to Higa, a United States citi- zen. As part of Park’s application, Higa filed a Petition for Alien Relative (or Form I-130 petition) along with an Affida- vit of Support (Form I-864) in order for Park to receive…