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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

Adjustment of Status

Adjustment of Status is the procedure whereby you can obtain your Green Card without having to leave the United States, or to go to a United States Consulate for an interview. There are numerous ways to adjust your status.

Our law firm can find the correct path for you to take to get your status adjusted. Not only will we prepare all of the necessary applications, but we can also attend the interview with the Bureau of Citizenship and Immigration Services. Normally, this results in the entire process going smoothly and without any problems. Of course, if any problems arise, we know how to properly handle and take care of them.

Adjustment of status

Conditional parolee not eligible for adjustment of status

Form I-485

AOS meaning