Ming Wang v. Immigration and Naturalization Service

This petition for review presents two issues: (1) whether petitioner was properly denied an exemption from labor certification because of her dependence upon support payments from her estranged spouse abroad; and (2) whether the immigration judge failed to accord petitioner a de novo hearing on her adjustment of status application. Finding no error in the INS determinations, we affirm the Board of Immigration Appeals (BIA) order denying adjustment of status and directing voluntary deportation.

FACTS:

Petitioner is a native and citizen of China who last entered the United States from Hong Kong with her daughter on a temporary visa in August 1972. Since then, she has been separated from her husband, an accountant in Hong Kong, who has provided her support of $600 per month. After staying longer than authorized, she applied for adjustment of status as a permanent resident in the nonpreference category.

Relying on a regulation, she sought an exemption from labor certification, claiming that she had adequate financial resources to support herself without seeking employment. The District Director refused exemption from labor certification and denied adjustment of status. The Regional…