Jose Manuel Olivares and Balbina Peraza Olivares v. Immigration and Naturalization Service

Balbina Olivares (Olivares) petitions under 8 U.S.C. § 1105a(a) for review of the decision of the Board of Immigration Appeals (BIA) affirming an order of deportation against her and her husband. She contends that the immigration judge erred in denying her application for an adjustment of status under section 245 of the Immigration and Naturalization Act (the Act), 8 U.S.C. § 1255 (a). We affirm.

FACTS

On October 12, 1979, Olivares and her husband, both natives and citizens of Mexico, were charged with violation of 8 U.S.C. § 1251 (a)(2): Olivares for overstaying her non-immigrant visit and her husband for entering the United States without inspection. At their deportation hearing on November 21, 1979, both admitted deportability under § 1251(a) and requested voluntary departure. In addition, Olivares applied for a discretionary adjustment of status to that of a lawfully admitted permanent resident, as provided in 8 U.S.C. § 1255 , based on a fifth-preference visa petition filed in her behalf by her sister, a citizen of the United States, and approved by the Immigration and Naturalization Service. See 8 C.F.R. § 204.1 (1981). Her priority date for purposes of receiving an…