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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.

Adjustment of Status and how to get the Green Card

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