VASQUEZ DE ALCANTAR v. HOLDER

No. 08-71427.

645 F.3d 1097 (2011)

Maria Alejandra VASQUEZ DE ALCANTAR, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2011.


Attorney(s) appearing for the Case

Christopher J. Stender , San Francisco, CA, for petitioner Maria Alejandra Vasquez de Alcantar.

Jessica Segall , Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for respondent Attorney General Holder.

Opinion by Judge N.R. SMITH; Concurrence by Judge FISHER.


OPINION

N.R. SMITH, Circuit Judge:

An approved Form I-130 Petition for Alien Relative does not confer admission status on an undocumented alien for purposes of showing seven years of continuous residence under 8 U.S.C. § 1229b(a)(2). An approved Form I-130 petition merely provides an undocumented alien (one who entered without inspection or authorization and has not otherwise been admitted) permission to apply for adjustment of status.

I. Factual...

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