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(AOS)

The BIA held that adjustment of status (AOS) to lawful permanent residence constitutes an admission for purposes of deciding removability under §237(a)(2)(A)(iii), and that the crime of sodomy by force in violation of the Uniform Code of Military Justice is an aggravated felony.

AOS

Adjustment of status

Conditional parole not eligible 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

 

 

 

New Win for the Law Offices of Brian D. Lerner

Adjustment of Status based on Marriage was approved for client who entered legally but has several juvenile crimes. No Waivers or Court needed.

Adjustment of status meaning

Conditional parolee not eligible for adjustment of status

AOS

AOS and immigration

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

AOS

Adjustment of status and how to get the green card

Apply for green card

Getting the green card through marriage

American Immigration Attorney

Green card application

Adjustment of Status and how to get the Green Card

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CA9 Finds No Abandonment of AOS Where Petitioner Departed without Advance Parole

Over dissent, the court found that where Petitioner unintentionally drove into Mexico without advance parole, he did not abandon his NACARA adjustment of status because 8 CFR §245.13(k)(1) applies only to “desired” departures.

CA11 Says No §245(a) Adjustment for TPS Beneficiaries Who Enter without Inspection

The court affirmed the district court’s ruling that an alien who enters the United States without inspection is ineligible for adjustment of status under INA §245(a) even if granted temporary protected status under INA §244.

Eligibility for adjustment of status

For purposes of establishing eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2006), an alien seeking to show that he or she has been “admitted” to the United States pursuant to section 101(a)(13)(A) of the Act, 8 U.S.C. § 1101(a)(13)(A) (2006), need only prove procedural regularity in his or her entry, which does not require the alien to be questioned by immigration authorities or be admitted in a particular status. Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980),reaffirmed.

AOS

Petitioner ineligible for adjustment of status

AOS cases pending

AOS based on K3 granted