Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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
Filed under: Immigration Attorney | Tagged: Adjustment of Status, DOS, President Obama, priority date, USCIS, Visa Bulletin | Leave a comment »
Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Filed under: Immigration Attorney | Tagged: Adjustment of Status, AOS, sue immigration, writ of mandate | Leave a comment »
Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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
Filed under: Adjustment of Status | Tagged: adjusment of status, adjust status, adjustment, Adjustment of Status, adjustment under parole, AOS, Immigration, Immigration Attorney, Immigration Lawyer, sue immigration, writ of mandate | Leave a comment »
Posted on June 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Green card application granted for client who is married to a US citizen but had a deportation order from 1995. Client had two motions to reopen denied by the Immigration Court and his appeal was denied by the BIA. However, once at the 9th Circuit Court of Appeal, the Department of Homeland Security agreed remand and terminate his case so that he could apply for adjustment of status with USCIS. 20 years later, he is now a lawful permanent resident of the United States.
BIA appeal
Appeals
AOS petition
Do a petition
Filed under: Adjustment of Status | Tagged: adjusment of status, Adjustment of Status, AOS, appeal to bia, board of immigration appeals, immigration win, Petition for Review, petition for review to 9th circuit court of appeal, Remand | 2 Comments »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its holding with that of nine circuit courts who have held that the plain language of §212(h) precludes immigrants from establishing eligibility for relief only if they lawfully entered the U.S. as permanent residents and thereafter committed a removable offense for which a waiver is required.
Filed under: Immigration Attorney | Tagged: 212(h), 212(h) waiver, Adjustment of Status, BIA, board of immigration appeals, waiver, waiver of inadmissibility | Leave a comment »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its holding with that of nine circuit courts who have held that the plain language of §212(h) precludes immigrants from establishing eligibility for relief only if they lawfully entered the U.S. as permanent residents and thereafter committed a removable offense for which a waiver is required.
Appeal to BIA
BIA
Board of immigration appeals
Bia deference given to particulary serious crime
Filed under: BIA | Tagged: 212(h), 212(h) waiver, Adjustment of Status, BIA, board of immigration appeals, waiver, waiver of inadmissibility | Leave a comment »
Posted on December 26, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on March 27, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA held that adjustment of status (AOS) to lawful permanent residence constitutes an admission for purposes of deciding removability under §237(a)(2)(A)(iii), and that the crime of sodomy by force in violation of the Uniform Code of Military Justice is an aggravated felony.
AOS
Adjustment of status
Conditional parole not eligible for adjustment of status
AOS based on K3 granted
Filed under: Adjustment of Status | Tagged: adjusment of status, Adjustment of Status, AOS, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on January 17, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Another recent immigration win. AOS and 212(h) case granted by IJ Tabaddor. DHS waived appeal. Represented client throughout removal process; from when she was detained by ICE and placed in proceedings until she was granted permanent residency. Client was initially charged with inadmissibilty but later with removability once we submitted proof of her lawful entry. Client married her USC husband while in proceedings and we prepared and filed the I-130 which was approved after an RFE. She had several theft convictions, the most recent in 2009 with a 16 month sentence. Client and her co-sponsor testified in support of her applications. Court determined that testimony of husband and children and other witness was not necessary. http://ow.ly/sEOaU
AOS meaning
Petitioner ineligible for AOS
USCIS inventory of employment based for presenting US birth certificare and continuos physical presence
Adjustment granted in court
Filed under: Adjustment of Status | Tagged: 212(h), adjusment of status, adjustment, Adjustment of Status, AOS, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on September 19, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
17-year-old in absentia order reopened for lack of notice. Client is eligible for Adjustment of Status.
Adjustment of status
Conditional parolee not eligible for adjustment of status
AOS process
AOS application
Filed under: Adjustment of Status | Tagged: adjust, adjust status, adjustment, Adjustment of Status, AOS, Brian D. Lerner, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presenc, win | Leave a comment »
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