## Facts

- Ibrahim, a native and citizen of Lebanon, last entered the United States on May 19, 1976 as a nonimmigrant visitor for pleasure.
- He remained in the United States beyond the authorized period of stay.
- About two weeks after entry, he applied for adjustment of status based on an approved fifth-preference family petition filed by his lawful permanent resident sister.
- The District Director denied adjustment, finding Ibrahim entered with a preconceived intention to remain in the United States.
- The government initiated deportation proceedings charging overstaying as a nonimmigrant under INA § 241(a)(2).
- Ibrahim admitted the allegations and was found deportable as charged.
- The immigration judge denied adjustment of status as a matter of discretion, relying on the finding of preconceived intent.
- The Board initially remanded for reconsideration in light of a then-recent decision concerning immediate relatives; the government moved the Board to reconsider that remand.

## Issues

1. Whether entry as a nonimmigrant with a preconceived intention to remain is a serious adverse factor in the discretionary adjudication of adjustment of status.
2. Whether the discretionary approach favoring adjustment despite preconceived intent for immediate relatives applies to fifth-preference (family-preference) adjustment applicants.
3. Whether internal agency Operations Instructions bind immigration judges or the Board when exercising discretion.

## Decision

- The Board granted the government’s motion to reconsider its prior remand order.
- The Board vacated the remand and dismissed Ibrahim’s appeal.
- The Board affirmed the immigration judge’s discretionary denial of adjustment of status based on substantial evidence of preconceived intent.
- The Board clarified that the immediate-relative rule allowing adjustment despite preconceived intent generally does not extend to preference-category immigrants.
- The Board stated that Operations Instructions do not bind immigration judges or the Board, though they may be followed where appropriate.

## Legal Principles

- Entry as a nonimmigrant with a preconceived intention to remain is a serious adverse factor in discretionary determinations under the Immigration and Nationality Act.
- In the absence of other adverse factors, adjustment applications by immediate relatives generally should be granted notwithstanding preconceived intent.
- The favorable immediate-relative approach does not apply to preference immigrants; a preference applicant’s adjustment may properly be denied in discretion where preconceived intent is shown.
- Internal agency Operations Instructions are not binding on immigration judges or the Board.

## Conclusion

The Board held that preconceived intent remains a weighty negative factor for discretionary adjustment decisions and limited the more forgiving immediate-relative approach to immediate relatives only, affirming the denial of adjustment to a fifth-preference applicant who entered as a visitor intending to stay.


In re Ibrahim, 18 I. & N. Dec. 55 (B.I.A. 1981)