C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 1214—REVIEW OF NONIMMIGRANT CLASSES

8 C.F.R. § 1214.3

Certain spouses and children of lawful permanent residents; aliens in proceedings; V visas

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An alien who is already in immigration proceedings and believes that he or she may have become eligible to apply for V nonimmigrant status should request before the immigration judge or the Board of Immigration Appeals, as appropriate, that the proceedings be administratively closed (or before the Board that a previously-filed motion for reopening or reconsideration be indefinitely continued) in order to allow the alien to pursue an application for V nonimmigrant status with the Service. If the alien appears eligible for V nonimmigrant status, the immigration judge or the Board, whichever has jurisdiction, shall administratively close the proceeding or continue the motion indefinitely. In the event that the Service finds an alien eligible for V nonimmigrant status, the Service can adjudicate the change of status under this section. In the event that the Service finds an alien ineligible for V nonimmigrant status, the Service shall recommence proceedings by filing a motion to re-calendar.

Notes of Decisions
Cited in 2 cases, 2019–2020 · leading case: Roberto Hernandez-Serrano v. William Barr, 981 F.3d 459 (6th Cir. 2020).
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Roberto Hernandez-Serrano v. William Barr, 981 F.3d 459 (6th Cir. 2020). · cites it 2× “See 8 C.F.R. § 1214.3 (“If the alien appears eligible for V nonimmigrant status, the immigration judge or the Board, whichever has jurisdiction, shall administratively close the proceeding”); 8 C.”
Jesus Zuniga Romero v. William Barr, 937 F.3d 282 (4th Cir. 2019). “2 (a) (authorizing administrative closure for aliens who appear eligible for T non-immigrant status); 8 C.F.R. § 1214.3 (requiring administrative closure for aliens who appear eligible for V non-immigrant status); 8 C.”
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