Category Archives: Adjustment of Status

Marriage Fraud Doctrines.

Posted on February 25, 2012 by

This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were … Continue reading →

Posted in Adjustment of Status, Immigration Marriage Fraud Amendments Act of 1986, Immigration Marriage Fraud Amendments of 1986, Marriage Fraud | Leave a comment

Adjustment of Status to Lawful Permanent Resident. Precedent Decisions Pertaining to Adjustment of Status

Posted on November 6, 2011 by

Arriving Aliens Matter of Silitonga, 25 I&N Dec. 89 (BIA 2009) Under 8 C.F.R. §§ 245.2(a)(1) and 1245.2(a)(1)(ii) (2009), Immigration Judges have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status, with the limited … Continue reading →

Posted in Adjustment of Status, Lawful Permanent Resident | Tagged | Leave a comment

Matter of Sesay: K-1 Fiancé(e) Who Timely Married Petitioner May Adjust Status Even If Marriage Has Ended, BIA Holds

Posted on March 23, 2011 by

The Board of Immigration Appeals held in Matter of Sesay, 25 I & N Dec. 431 (Mar. 17, 2011) that (1) under INA § 245(d) [8 USCA § 1255(d)] (2006), a fiancé(e) visa holder can only adjust status based on … Continue reading →

Posted in Adjustment of Status, BIA, Board of Immigration Appeals, K visa | Leave a comment

Approval of Petitions and Applications after the Death of the Qualifying Relative

Posted on January 27, 2011 by

U.S. Citizenship and Immigration Services Office of the Director December 16, 2010 PM-602-0017 Policy MemorandumApproval of Petitions and Applications after the Death of the Qualifying Relative The DHS had determined that if the petitioner died before a case was complete … Continue reading →

Posted in Adjustment of Status | Leave a comment

Section 245(i) not available for Spouse of 245(i) Eligible Applicant: Matter of LEGASPI, 25 I&N Dec. 328 (BIA 2010)

Posted on September 8, 2010 by

Matter of Michael Raymund Aguirre LEGASPI, Respondent File A097 368 288 – Los Angeles, California Decided September 1, 2010 U.S. Department of JusticeExecutive Office for Immigration ReviewBoard of Immigration AppealsClick here for the decision.Tweet An alien is not independently “grandfathered” … Continue reading →

Posted in 245(i), Adjustment of Status, BIA, Board of Immigration Appeals | Leave a comment

BIA Finds § 236(a)(2)(B) Conditional Parole Is Not Parole into the U.S. for AOS Purposes: Matter of Luis CASTILLO-PADILLA

Posted on June 29, 2010 by

(1) Conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2006), is a distinct and different procedure from parole under section 212(d)(5)(A) of the Act, 8 U.S.C. § 1182(d)(5)(A) (2006). (2) An alien who … Continue reading →

Posted in Adjustment of Status, BIA, Board of Immigration Appeals | 1 Comment

Adjustment of Status to LPR Constitutes Admission for Purposes of Continuous Residence Requirement of INA § 212(h) Matter of KOLJENOVIC

Posted on April 30, 2010 by

An alien who entered the U.S. without inspection and later obtained lawful permanent resident (LPR) status through adjustment of status has “previously been admitted to the U.S. as an alien lawfully admitted for permanent residence” and must therefore satisfy the … Continue reading →

Posted in 212(h), Adjustment of Status | Leave a comment

Gonzalez-Balderas v. Holder (7th Circuit March 5, 2010)

Posted on March 6, 2010 by

On Petition to Review an Order of the BIA, the Seventh Circuit affirmed a denial of a Mexican National’s request to reapply for admission retroactive to the date of her second reentry. The petitioner initially entered the U.S. illegally by … Continue reading →

Posted in Adjustment of Status, Reinstatement, Removal, Removal hearing | Leave a comment

Illegal immigrant marrying US citizen. Can I apply for residency?

Posted on February 11, 2010 by

Question: I am an undocumented immigrant was brought to the US when i was about 6yrs old, have lived here ever since, i am going to marry a US citizen. We are trying to figure out what we need to … Continue reading →

Posted in 245(i), Adjustment of Status | Leave a comment

USCIS Civil Surgeons Locator, Adjustment of status, Permanent Resident, Green Card, Civil Surgeons Illinois, Medical Exam Form I-693

Posted on September 5, 2007 by

All applicants for adjustment of status are required to have a medical examination. The medical examination must be conducted by a civil surgeon who has been designated by the U.S. Citizenship and Immigration Service (USCIS). The designated civil surgeon is … Continue reading →

Posted in Adjustment of Status, Chicago District Office, Citizenship and Immigration Services (CIS), Civil Surgeons Locator, Form I-693, Medical Exam, Permanent Resident Green Card | Leave a comment