Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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)
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Filed under: Adjustment of Status, Immigration Attorney, Immigration Law, Immigration Lawyer, Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presenc, USCIS | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presenc, USCIS | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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)
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Filed under: Adjustment of Status, Fiancee Visa, Immigration Attorney, Immigration Lawyer, K-1 Visa Petition | Tagged: Adjustment of Status, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, K-1 fiancee petition, Law Offices of Brian D. Lerner | Leave a comment »
Posted on September 24, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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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Filed under: Adjustment of Status | Tagged: adjusment of status, adjustment, Adjustment of Status, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on August 18, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on August 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on August 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on August 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on August 2, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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).
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Filed under: Adjustment of Status, Immigration Attorney, Immigration Lawyer, INA §245(a), USCIS | Tagged: Adjustment of Status, Immigration Attorney, Immigration Lawyer, INA §245(a), USCIS | Leave a comment »
Posted on July 30, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
For purposes of establishing eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2006), an alien seeking to show that he or she has been “admitted†to the United States pursuant to section 101(a)(13)(A) of the Act, 8 U.S.C. § 1101(a)(13)(A) (2006), need only prove procedural regularity in his or her entry, which does not require the alien to be questioned by immigration authorities or be admitted in a particular status. Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980),reaffirmed.
AOS
Petitioner ineligible for adjustment of status
AOS cases pending
AOS based on K3 granted
Filed under: Adjustment of Status | Tagged: adjusment of status, adjustment, Adjustment of Status, AOS, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on July 29, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A USCIS news release and Q&As on the agency-wide Policy Review including the first 10 issue areas for review, public survey results and how the Policy Review will change USCIS policy. The issue areas include H-1Bs, family-based adjustment of status, Form I-601 and more.
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Filed under: Adjustment of Status, Family Petition, Immigration Attorney, Immigration Lawyer, Policy Review | Tagged: Adjustment of Status, Family Petition, Immigration Attorney, Immigration Lawyer, Policy Review | Leave a comment »
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