Franco Ariel Sciamarelli v. District Director, U.S. Citizenship and Immigration Services, 697 F. App'x 958

Sciamarelli, an Argentine national, entered the U.S. in Nov. 2000 on the visa waiver program and remained beyond the authorized period.
In June 2001 (age 17) his stepfather, then a lawful permanent resident, filed Form I-130 on his behalf; CIS approved that petition on Dec. 5, 2005.
The stepfather naturalized on June 29, 2007; Sciamarelli (age 23 at naturalization) filed for adjustment of status based on the stepfather’s citizenship and CIS approved adjustment in March 2008.
CIS later denied Sciamarelli’s naturalization application, concluding the 2008 adjustment of status had been erroneous because he had not continuously maintained lawful status and did not qualify as an "immediate relative."
The central legal question was whether Sciamarelli’s age could be "adjusted" under 8 U.S.C. § 1151(f) so that, despite being 23 at his stepfather’s naturalization, he would be treated as under 21 and thus an "immediate relative."

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Sciamarelli’s age could be adjusted so he qualified as an "immediate relative" when his stepfather naturalized	Sciamarelli: §1151(f)(1) allows his age to be calculated as of the I-130 filing date (2001), effectively subtracting the petition’s pendency and making him under 21 at naturalization	Government: At the time of naturalization Sciamarelli was 23 with no pending visa petition; §1151(f) does not permit age adjustment in these circumstances	Court: CIS could not adjust his age; because he was 23 and not an immediate relative, he was ineligible for adjustment and thus for naturalization; dismissal affirmed

Butler v. Sheriff of Palm Beach Cty., 685 F.3d 1261 (11th Cir. 2012) (standard for accepting factual allegations on a Rule 12(b)(6) dismissal)
In re Daniel Edgar Zamora-Molina, 25 I. & N. Dec. 606 (B.I.A. 2011) (§1153(h)(1) does not apply to immediate-relative age determinations)