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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 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.

Ninth Circuit upholds BIA denial

The Ninth Circuit upheld the BIA’s decision refusing to consider the Peruvian petitioner’s adjustment of status application because he entered the United States using a fraudulent Italian passport to gain the benefits of the Visa Waiver Program (VWP), holding as a matter of first impression that a noncitizen who fraudulently enters the United States under the VWP is subject to the VWP’s limitations, including waiving any challenge to deportation other than asylum. The court also held that the BIA did not err in denying the petitioner’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT), finding that the petitioner failed to establish a nexus to a protected ground, and that the harm he suffered was insufficient for CAT protection.

Court Upholds Denial of Adjustment Application Where Marriage Was Not Deemed Bona Fide

The Seventh Circuit denied the petition for review, finding that substantial evidence supported the IJ’s finding that the petitioner committed marriage fraud, and thus, that he was ineligible for adjustment of status under INA §212(a)(6)(C)(i). The court also found that the IJ did not commit any legal or constitutional error in exercising discretion to deny adjustment of status.

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.  

Not sure when to file for Adjustment?

USCIS posted an announcement on its website informing adjustment of status applicants that they must use the “Application Final Action Dates” chart in the DOS Visa Bulletin for December 2015 for employment-based filings. USCIS stated that family-sponsored adjustment of status applicants may use the “Dates for Filing Visa Applications” chart in the December 2015 Visa Bulletin.

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