• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Social

  • Past Blog Posts

BIA Says Cuban Parolee Is Not Eligible to Adjust Status

Where the Cuban respondent was paroled into the United States on August 25, 1980, as part of the Mariel Boatlift with an Arrival/Departure Record (Form I-94) stamped “Cuban/Haitian Entrant (Status Pending)” indicating that the purpose of his parole was for “Cuban Asylum,” the BIA held in a precedent decision issued today that the respondent was ineligible to adjust his status under INA §209, because he did not establish that he was either admitted as a “refugee” within the meaning of INA §207 or granted asylum under INA §208.

BIA Rules on Requirements to Adjust Status Under the Legalization Provisions of INA §245A

In a precedent decision issued today, the BIA held that a noncitizen seeking to acquire lawful permanent resident status through the legalization provisions of INA §245A must establish admissibility at the time of adjustment of status under §245A(b)(1). The BIA also held that a noncitizen who was inadmissible at the time of adjustment of status from temporary resident to permanent resident under INA §245A(b)(1) was not lawfully admitted for permanent residence, and is therefore ineligible for a waiver of inadmissibility under former INA §212(c).

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.

AOS Approved even with Battery

Adjustment of status application approved for client with a USC son who last entered the United States on TPS/Parole and had convictions for domestic battery and disturbing the peace.

Another Win: AOS granted w/o Interview

Adjustment of status granted without an interview for Client whose previous H-1B application was denied but who was now eligible for a green card based on his marriage and 21-year-old U.S. citizen step daughter.

MTR Win with Marijuana Conviction

Motion to reopen and adjustment of status/green card application granted for client with a marijuana conviction who entered the United States in 2002 with only a school ID.  USCIS denied client’s application in 2014 finding that he failed to prove that he was properly admitted to the United States.  Our office then filed a motion to reopen along additional evidence of his entry, including results from a polygraph examination, and his case was approved nearly 2 years later.  Client can now legally stay in this country with his wife and children and apply for citizenship in the future.

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.  

%d bloggers like this: