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Another win for the Law Offices of Brian D. Lerner

Lawful Permanent Resident granted stand-alone 212(h) waiver after 10 years in Immigration Court.  Client was placed in removal proceedings after returning to the U.S. from a trip abroad because of several California theft convictions.  Client also had previous theft/fraud convictions and an order of deportation.

BIA Says Asylum Grantee Who Adjusts to LPR Status Under INA §209(b) Terminates His or Her Asylee Status

Clarifying Matter of C-J-H-, the BIA held that a noncitizen who adjusts status under INA §209(b) changes his or her status from that of a noncitizen granted asylum to that of a noncitizen lawfully admitted for permanent residence, thereby terminating his or her asylee status. The BIA further held that the restrictions on removal in INA §208(c)(1)(A) do not apply to a noncitizen granted asylum whose status is adjusted to that of a noncitizen lawfully admitted for permanent residence pursuant to INA §209(b).

BIA Holds Hague Convention Does Not Apply to LPR Petitioning for Adopted Child

In an unpublished decision, the BIA sustained the appeal and remanded, concluding that when a Lawful Permanent Resident (LPR) petitioner and a U.S. citizen spouse adopt a child together, they may choose either to pursue a Hague Convention adoption route or to pursue the Form 1-130 route through the LPR spouse. The BIA noted that the regulations do not require an LPR adoptive parent to pursue a Convention adoption, even if that LPR is married to a U.S. citizen.

How an LPR can petition spouse right NOW and apply for Adjustment immediately

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