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New Win for the Law Offices of Brian D. Lerner

Adjustment of Status based on Marriage was approved for client who entered legally but has several juvenile crimes. No Waivers or Court needed.

Adjustment of status meaning

Conditional parolee not eligible for adjustment of status

AOS

AOS and immigration

Another Win for the Law Offices of Brian D. Lerner

AOS approved for Client who is from Mexico, is married to a USC and they have 6 children (including quintuplets). Client left the United States 2004/2005 and they’re 10 year bar waiver was denied (they didn’t have an attorney) or children at the time. He re entered the U.S. and then left in 2010 because he had no identification and wanted to avoid any issues with Immigration. Our office was retained for a humanitarian parole in 2011 based on one of their children being very very sick. His parole was approved and his I-94 indicated “Paroled in for AOS.” His case was approved today with no issues.

USCIS Inventory of employment based AOS cases pending at the service centers and field officers

Petitioner ineligible for AOS 

AOS meaning

Law Offices of Brian D. Lerner, APC

Another win for the Law Offices of Brian D. Lerner

AOS (I-130 and I-485) granted for couple married for about 1 year, with no children and very very little joint documents.

Green card

Getting the Green card through marriage

I-130 meaning

I-130 questions and answers

AOS

Adjustment of status and how to get the green card

Apply for green card

Getting the green card through marriage

American Immigration Attorney

Green card application

Adjustment of Status and how to get the Green Card

CA11 Says No §245(a) Adjustment for TPS Beneficiaries Who Enter without Inspection

The court affirmed the district court’s ruling that an alien who enters the United States without inspection is ineligible for adjustment of status under INA §245(a) even if granted temporary protected status under INA §244.

USCIS has discretion to permit immediate relative VWP overstays to adjust status regardless of when the I-485 is filed

USCIS has discretion to permit immediate relative VWP overstays to adjust status regardless of when the I-485 is filed.

Guidance on handling of AOS cases interviewed at USCIS field offices

USCIS 1/11/11 interim memo for comment provides guidance on handling of AOS cases interviewed at USCIS field offices that have been impacted by visa retrogression. The memo is in effect until further notice.

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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