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LEE v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES

No. 08-1659.

592 F.3d 612 (2010)

Sang Y. LEE, Plaintiff-Appellant, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2010.

Attorney(s) appearing for the Case

ARGUED: Ivan Yacub, Falls Church, Virginia, for Appellant. Jason Daniel Medinger, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge NIEMEYER and Judge AGEE joined.

OPINION

TRAXLER, Chief Judge:

Sang Lee, a Korean national, entered the United States in July 2000 as a visitor with permission to remain until January 21, 2001. Lee overstayed his visa and remains in the United States despite his failure to maintain lawful nonimmigrant status.

In May 2003, Lee applied under the Immigration and Nationality Act ("INA") to adjust his status and become a permanent resident based on his employment with the Korean Broadcasting...

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