Attorney Moonjung Jenny Kim determined that EK was grandfathered under section 245(i) of the Immigration & Nationality Act based on a prior petition that had been filed on behalf of EK’s father prior to April 30, 2001. EK would, therefore, be able to adjust her status in the United States with payment of a $1,000 penalty fee. EK’s employer sponsored EK for a green card. As EK was being sponsored as a nurse, EK’s employer was able to bypass the labor certification process and EK was able to obtain her green card.
