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Help HAITI Act of 2010 Implementation

USCIS 12/21/10 interim memo for comment provides guidance on processing applications for adjustment of status filed under the Help HAITI Act of 2010. The memo is in effect until further notice. Please email comments to opefeedback@uscis.dhs.gov. Comments are due 1/14/11.

processing time i485

485 filing fee

i485 fee

adjustment of status

Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presence in a U.S. birth certificate

The court found Petitioner ineligible for AOS for presenting a U.S. birth certificate in attempting to enter, and ineligible for cancellation because physical presence was interrupted when he withdrew his application for admission. (Valadez-Munoz v. Holder, 10/28/10)

H-2A Petitioners on prohibited fees

Petitioner to pursue an argument never presented to the BIA

Petitioner

Sibling Petition Summary

Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presence ing a U.S. birth certificate

The court found Petitioner ineligible for AOS for presenting a U.S. birth certificate in attempting to enter, and ineligible for cancellation because physical presence was interrupted when he withdrew his application for admission. (Valadez-Munoz v. Holder, 10/28/10)

Limitations on Adjustment of Status for K-1 Visas

Addressing but rejecting a number of arguments, the court held that Petitioner, who entered the U.S. on a K-1 visa but failed to marry the petitioning fiancé was not eligible for adjustment of status under INA §245. (Kalal v. Gonzales, 3/30/05)

Immigration and Nationality Act

An alien is not independently “grandfathered” for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply by virtue of marriage to another alien who is “grandfathered” under section 245(i) as the result of having been a derivative beneficiary of a visa petition.

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Can I Adjust my status?

Can Mary adjust status (I-485) while http://ping.fm/NupF3

For how long can you reschedule an interview for an AOS?

For how long can you reschedule an interview for an AOS? – Avvo.com http://ping.fm/jk610

Adjustment 

Petitioner ineligible for AOS 

AOS cases 

AOS based on K3 

For how long can you recshedule an interview for an AOS?

For how long can you recshedule an interview for an AOS? – Avvo.com http://ping.fm/jk610

Marrying a US citizen

Out of status, have visa till 2013 marrying a us citizen trying to adjust the status again

AOS win for our Law Offices

Ineligible for AOS?

AOS cases

AOS based on K3 granted

Purposes of establishing adjustment of status eligibility under INA §245(a)

For purposes of establishing adjustment of status eligibility under INA §245(a), an alien seeking to show that he or she has been “admitted” to the U.S., need only prove procedural regularity in his or her entry. 25 I&N Dec. 285 (BIA 2010).