Decision date: 2019-10-31

Holding that (1) Court had jurisdiction to determine whether I-130 petitions pending at the time of passage of legislation changing eligibility criteria should be processed under the former or the amended version of the statute but (2) USCIS’s decision to apply the amended version of the statute to I-130 petitions filed before the passage of the amendments was proper under the Administrative Procedure Act (APA).

Publication Status: Published

Case judge: Agee, Niemeyer, Wilkinson

Decision: Moore v. Frazier, 941 F.3d 717 (4th Cir. 2019)