Jin Soo Lee v. Immigration & Naturalization Service

Lee seeks review of a deportation order contending that the Immigration and Naturalization Service erred in denying his application for adjustment of status in that the Service made errors of fact and law in deciding that he was statutorily ineligible for relief. We agree with Lee that he was statutorily eligible for adjustment of status because, as a “religious worker” within the meaning of 29 C.F.R. § 60.7 , he was entitled to an immediate immigration visa under 8 U.S.C. § 1255 (a).

Lee, a 32-year-old married Korean citizen, legally entered the United States in 1968 as a nonimmigrant visitor. His status was changed in 1970 to nonimmigrant student with authorization to remain until September, 1973. In May, 1972, he applied for permanent resident status arguing visa availability as a religious worker. The Service denied his application in February, 1973, but granted him the privilege of voluntary departure. Lee continued his stay, and the Service commenced deportation proceedings in January, 1975, under 8 U.S.C. § 1251 (a)(2). At his hearing he conceded deportability, but renewed his application for adjustment of status as a religious worker. The immigration judge denied the…