Posted on May 3, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Posted on September 21, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Posted on January 12, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
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)
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.