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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.

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

https://californiaimmigration.us/political-asylum/present-case/

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.  

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

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

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

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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https://californiaimmigration.us/cuban-with-crimes-granted-adjustment/

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 recent immigration win. AOS and 212 (h)

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

 

 

 

 

Another win for the Law Offices of Brian D. Lerner

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

 

 

 

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