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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://californiaimmigration.us/walsh-waiver/

Medical Waiver granted for Adjustment

Green card application approved for a Canadian client that is married to a USC citizen but needed a medical waiver because she refused her vaccinations based on moral/health grounds.

Need a medical waiver?

Green card application approved for a Canadian client that is married to a USC citizen but needed a medical waiver because she refused her vaccinations based on moral/health grounds.

Medical fraud

Provision of medical care

Medical waiver

Got medical problems?

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/

Another Win for the Law Offices of Brian D. Lerner

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.

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

The Eighth Circuit denied the petition for review, holding that substantial evidence supported the Board of Immigration Appeals’ finding that the petitioner falsely claimed U.S. citizenship on a Form I-9 when he applied for a job in 2009. Accordingly, the court found that the petitioner was inadmissible under INA §212(a)(6)(C)(ii)(I), and was thus ineligible for adjustment of status.

Employment eligibility verification

I-9

Form I-9

What does an immigration attorney do?

 

 

 

Said on an I-9 you were a USC? That could prevent you from ever adjusting status.

The Eighth Circuit denied the petition for review, holding that substantial evidence supported the Board of Immigration Appeals’ finding that the petitioner falsely claimed U.S. citizenship on a Form I-9 when he applied for a job in 2009. Accordingly, the court found that the petitioner was inadmissible under INA §212(a)(6)(C)(ii)(I), and was thus ineligible for adjustment of status.

Green card application granted for client who is married to a US citizen but had a deportation order from 1995.  Client had two motions to reopen denied by the Immigration Court and his appeal was denied by the BIA.  However, once at the 9th Circuit Court of Appeal, the Department of Homeland Security agreed remand and terminate his case so that he could apply for adjustment of status with USCIS.  20 years later, he is now a lawful permanent resident of the United States.

BIA appeal

Appeals

AOS petition

Do a petition

 

 

 

District Court Adopts CA6 Flores Holding Regarding TPS and Adjustment of Status

The U.S. District Court for the Eastern District of Pennsylvania held that a TPS beneficiary who is eligible for an immigrant visa and has an immigrant visa immediately available to him is eligible for adjustment of status under INA §245(a), notwithstanding having originally entered the U.S. without inspection.

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https://californiaimmigration.us/adjustment-of-status/