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Another win for the Law Offices of Brian D. Lerner

Client, represented by her previous attorney, received a 6-page denial of her application for adjustment of status, with various allegations, including marriage fraud.  Our office, under a short deadline, prepared a motion to reopen arguing that there was no fraud and that our Client was eligible for adjustment based on her TPS status and her father’s I-130 petition.  Client can now remain in the U.S. with her husband and children, and can apply for naturalization in 5 years.

Another win for the Law Offices of Brian D. Lerner

Adjustment of status application approved for Client and his wife under 245(i) despite DUI and firearm convictions.

Another Win for our office for Same Sex couple

Officer seemed to have it in for the same sex couple and denied the petition. We appealed to AAO and it was reversed granting client Lawful Permanent Residency

Another win for our law office for person with several convictions

Adjustment of status and waiver of inadmissibility granted for Canadian citizen with several convictions.  Now Client can remain inside the United States with his permanent resident wife and family.

BIA Rules on Requirements to Adjust Status Under the Legalization Provisions of INA §245A

In a precedent decision issued today, the BIA held that a noncitizen seeking to acquire lawful permanent resident status through the legalization provisions of INA §245A must establish admissibility at the time of adjustment of status under §245A(b)(1). The BIA also held that a noncitizen who was inadmissible at the time of adjustment of status from temporary resident to permanent resident under INA §245A(b)(1) was not lawfully admitted for permanent residence, and is therefore ineligible for a waiver of inadmissibility under former INA §212(c).

Matter of Sesay Applicability to Former K-1 Fiancés

Beneficiary who marries a K-1 petitioner within 90 days after admission into the United States, but subsequently divorces, can still adjust status based on the original K-1 marriage, as long as an I-864 was filed by the petitioner, and the beneficiary can prove that the marriage was bona fide. The practice pointer explains when USCIS will accept a signed I-864 from the K-1 petitioner.

AOS Approved even with Battery

Adjustment of status application approved for client with a USC son who last entered the United States on TPS/Parole and had convictions for domestic battery and disturbing the peace.

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