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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.

https://cbocalbos.wordpress.com/tag/k1/

https://cbocalbos.wordpress.com/tag/8-cfr-%c2%a7245-13k1/

https://cbocalbos.wordpress.com/tag/priority-to-k1-visa/

https://californiaimmigration.us/visas/k-1-fiance/

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.

https://cbocalbos.wordpress.com/tag/aos/

https://cbocalbos.wordpress.com/tag/petitioner-ineligible-for-aos-for-presenting-us-birth-certificate-and-continuous-physical-presenc/

https://cbocalbos.wordpress.com/tag/uscis-inventory-of-employment-based-aos-cases-pending-at-the-service-centers-and-field-offices/

https://californiaimmigration.us/family-petitions-to-immigrate-family-members/adjustment-of-status/

Another Win: AOS granted w/o Interview

Adjustment of status granted without an interview for Client whose previous H-1B application was denied but who was now eligible for a green card based on his marriage and 21-year-old U.S. citizen step daughter.

https://cbocalbos.wordpress.com/tag/aos/

https://cbocalbos.wordpress.com/tag/petitioner-ineligible-for-aos-for-presenting-us-birth-certificate-and-continuous-physical-presenc/

https://cbocalbos.wordpress.com/tag/uscis-inventory-of-employment-based-aos-cases-pending-at-the-service-centers-and-field-offices/

https://californiaimmigration.us/family-petitions-to-immigrate-family-members/sibling-petition-summary/

MTR Win with Marijuana Conviction

Motion to reopen and adjustment of status/green card application granted for client with a marijuana conviction who entered the United States in 2002 with only a school ID.  USCIS denied client’s application in 2014 finding that he failed to prove that he was properly admitted to the United States.  Our office then filed a motion to reopen along additional evidence of his entry, including results from a polygraph examination, and his case was approved nearly 2 years later.  Client can now legally stay in this country with his wife and children and apply for citizenship in the future.

https://cbocalbos.wordpress.com/tag/mtr/

https://cbocalbos.wordpress.com/tag/motion-to-reopen-mtr/

https://cbocalbos.wordpress.com/tag/motion-to-reopen/

https://californiaimmigration.us/motion-to-reopen-granted-for-religious-person/

Walsh Waiver Granted – another win for Brian Lerner

I-485 approved for clients’ whose case had been pending since 2006 because of the petitioner’s criminal record.  In 2013, the case was erroneously denied by USCIS for failure to respond to a request for evidence and reopened by our office in 2014.  USCIS then attempted to revoke the petitioner’s I-130 as a result of his convictions, first through a Notice Intent to Revoke and then through an Amended Notice of Intent to Revoke.  Each time our office responded, arguing that the petitioner was eligible to petition his wife and if necessary, eligible for a waiver under the Walsh Act. 10 years later, the case was finally approved.  

https://cbocalbos.wordpress.com/tag/walsh-waiver/

https://cbocalbos.wordpress.com/tag/adam-walsh-act/

https://cbocalbos.wordpress.com/tag/walsh/

https://californiaimmigration.us/walsh-waiver/

Medical Waiver granted for Adjustment

Green card application approved for a Canadian client that is married to a USC citizen but needed a medical waiver because she refused her vaccinations based on moral/health grounds.

Need a medical waiver?

Green card application approved for a Canadian client that is married to a USC citizen but needed a medical waiver because she refused her vaccinations based on moral/health grounds.

Medical fraud

Provision of medical care

Medical waiver

Got medical problems?

USCIS and DOS work together to implement change ordered by President Obama

USCIS announced today that, in conjunction with the Department of State (DOS), it is revising the procedures for determining when an application for adjustment of status may be filed, thus implementing part of President Obama’s November 2014 executive actions on immigration. Starting with the Visa Bulletin for October 2015, there are two important dateslisted on the monthly Visa Bulletin: the “filing date,” which determines when individuals can submit their permanent residence applications, and the “final action” date, which indicates when DOS or USCIS can make a decision on the applications

Sued immigration in federal court because client’s adjustment of status application was pending for over 1 year.  Application was approved within 60 days of filing lawsuit.  Client is now a permanent resident and can travel freely to the Philippines to vist family he has not seen in over 20 years.

AOS win for our Law Office

Eligible for adjustment of status?

File for adjustment of status

AOS based on K3 granted

Another Win for the Law Offices of Brian D. Lerner

Sued immigration in federal court because client’s adjustment of status application was pending for over 1 year.  Application was approved within 60 days of filing lawsuit.  Client is now a permanent resident and can travel freely to the Philippines to vist family he has not seen in over 20 years.