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Title: Will I qualify for a work permit?

Posted on October 15, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, what must I do?

Answer: First, based upon your degree, you qualify for what is known as a Specialty Occupation Work Visa. This is also known as the H-1B. It is meant for positions which require specialized knowledge and where a college degree is the norm for the industry. Therefore, your position would qualify. You would need to be hired as an accountant.

Question: How do you know that an accountant is a specialty occupation?

Answer: There are many sources that can be viewed from the Department of Labor. These sources are either on the internet, or in printed publication. It basically states what the normal duties for the particular position are and what are the normal educational requirements needed to successfully perform the job.

Question: What type of company must sponsor me?

Answer: As an accountant, any company can sponsor you. Every company can use an accountant. If you had said that you had a degree in biology, your sponsoring companies would have to be much narrower. They would specifically have to deal with biology. The H-1B can be full-time or part-time.

Question: Do I have to leave the U.S. to get the visa?

Answer: Yes, you would have to leave the U.S. to get the visa. However, should you want to stay in the U.S., you can get a change of status from B2 (Visitor), to H-1B (Specialty Occupation Work Visa) Then, you would not have to leave the United States in order to start working for the company. However, if you did leave the United States, you would have to get the Visa in order to return to the United States. It is always possible to get the Visa approved at INS, but to get it denied at the Consulate. You would want to take this into consideration if you decided to leave after successfully getting your status changed to H-1B.

Question: How long does it take to get the answer from INS on whether they will approve the H-1B Petition?

Answer: Now it is taking from 6 to 9 months depending where you live. Should you want it much faster than that, you can put it through INS via Premium Processing. This is exactly what it implies. It goes to the top of the stack and is processed by INS within 15 days of receipt. All you need to do is pay INS $1,000.00 for them to process it as a Premium Process case. If they do not get the answer back to you within 15 days, then you get your $1,000.00 back.

Thus, the H-1B is a very good visa for someone with a college education to have. If you can get a sponsor related to your college degree, then you can see if the H-1B can be done. Usually, it is issued initially for 3 years and can be extended for another 3 years. In cases whereby the person has applied for Labor Certification and has waited for a considerable period of time, they can now apply for an even further extension of the H-1B. It is one of the nicest and most popular work visas available.

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Title: Will my attorney tell INS about me?

Posted on October 14, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

 Question: I have been in the United States for many years. I think there were several things I could have done in the past to help my situation, but did not know exactly what to do. Unfortunately, I let the opportunities pass because I was afraid to see a lawyer. To be honest, I was afraid they would turn me in to INS. Can you tell me what I can do?

Answer: First, you should not be afraid to see a lawyer. Lawyer’s have what is known as the Attorney-Client Privilege. This means that whatever you say to a lawyer cannot be discussed with anyone. If it is, then there is a very serious violation of the Professional Ethics of Responsibility.

Question: What is the reason for the Attorney-Client Privilege?

Answer: Actually, it is meant to protect people in your exact situation. People must not be afraid to see a lawyer to help them. If they thought that the lawyer would either tell someone, or turn them into INS, people would either not come for help, or would not tell the whole story. Naturally, if they did not tell the whole story, the lawyer could not fully represent them.

I have had clients in the past who did not tell me they had prior deportation orders. When the time came to submit everything, these people could have easily been detained and deported. Luckily, I found out the truth. However, had I not found out the truth, there cases would have been severely compromised.

Question: What happens if I get laid off or have a disagreement with my attorney? Can he or she then turn me in to INS?

Answer: No, the attorney-client privilege stays in tact forever. This means that years after the case is over, the attorney can still not disclose the facts of the case. Immigration is a very unique area of law. This is because many times people are afraid of being deported and assume that an attorney is an American who would either be working on behalf of the government or under an obligation to inform the government. While in some countries that may be true, it is not true in the U.S. An attorney is a person who wants to represent you to help you with your immigration problem. You need not be afraid to go into the office of an attorney. There are many constraints on what an attorney can and cannot do. All of these restraints are made to protect the public. Many times you are afraid and alone. Do not let another opportunity pass to obtain legal status because you think the attorney will call INS. You will only be hurting yourself in the future. In most cases, by helping yourself, you will also help your family. If you want to make absolutely certain that it will not be disclosed, make certain the attorney you are seeing is a licensed attorney. Only after you see an attorney and fully discuss every detail of your case can you get full and complete representation.

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Title: New Hope for Aliens in Removal Proceedings

Posted on October 13, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Board of Immigration Appeals issued a decision, In re Ariadna Angelica Gonzalez, et al. (23 I & N Dec. 467, Interim Decision #3479, BIA 2002) on September 19, 2002 that seems to ease some of the restrictions on applying for cancellation of removal.

When an alien is placed into removal proceedings (previously referred to as deportation proceedings), there is a type of relief known as cancellation of removal. If the Immigration Judge grants the relief, then the alien will be granted lawful permanent residence in the United States. To qualify for this relief, one must show that he or she has been physically present in the United States for at least ten years prior to being placed into removal proceedings. Next, the alien must show they have good moral character and have not been convicted of certain crimes. Finally, the most difficult element to prove for this type of relief is to show that an immediate family member who is either a United States citizen or Lawful Permanent Resident will suffer exceptional and extremely unusual hardship if the he or she is removed from the United States.

Prior to In re Gonzalez, it appeared as though only those aliens in removal proceedings who had a United States son or daughter who suffered from some type of sever medical trauma would be granted cancellation of removal. Naturally, most people in proceedings could never meet such a high standard. This type of standard was not only restrictive, but unrealistic for most people to meet. Congress has allowed aliens without legal status in removal proceedings to apply for this type of relief. They have intended that long term residents should be given a real chance to be able to continue their lives in the United States without having their families torn apart and separated for years or for the rest of their lives.

The problem is with the term ‘exceptional and extremely unusual hardship.’ Clearly, any family who is separated by removal of one of its members from the United States will suffer hardship. However, for those who want to win the cancellation of removal cases, they must present facts showing that they will suffer exceptional and extremely unusual hardship. When this law was passed under the Immigration and Nationality Act section 240, there were no precedent decisions as to what constitutes this type of hardship. In reality, each Immigration Judge could have their own interpretation as to what type of hardship will fall under this standard. Previously, the Board of Immigration Appeals has issued very harsh decisions as to what constitutes this high standard of hardship. Subsequent to the issuance of those decisions, it has been practically impossible to ever get a grant of cancellation of removal from an Immigration Judge.

In re Gonzalez moves the pendulum back and gives the attorneys and the judges some realistic direction on what constitutes ‘exceptional and extremely unusual hardship’. In this case there was a single mother of six children and no family ties in Mexico. Four of her children were United States citizens. She has lawful permanent resident parents and five of her siblings are United States citizens.

The factors the Board of Immigration Appeals considered in assessing the hardship included the heavy financial burden imposed on her by having to support all of her family in her native country, the lack of any familial support for her children, the lack of any family in her native country, the children’s unfamiliarity with the Spanish language and the unavailability of any other means of immigrating to the United States.

In re Gonzalez makes it clear that ‘unconscionable’ hardship need not be shown. In deciding a cancellation of removal case, the age, health, and other circumstances of the relative must be considered if they are to live in a country with a lower standard of living.

The financial hardship on the alien was a determinative factor. The Board of Immigration Appeals noted that her children were not receiving any type of financial assistance from their father. Additionally, the Board of Immigration Appeals noted that should she be removed from the United States, it would be unlikely that she would be able to legally return to the United States in the foreseeable future.

The Board of Immigration Appeals stated that they must consider the ‘totality of the burden on the entire family’ that would result from the removal of the mother from the United States. Thus, a cumulative analysis must be made as to all of the factors relating to the hardship.

Prior to this decision, getting the Immigration Judge to grant a cancellation of removal was rare. Now, aliens in removal proceedings can present a myriad of evidence to meet the high standard of hardship that their families will suffer if they are removed from the United States.

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Title: Employment Based Petitions Just Got Faster

Posted on October 12, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I filed a Labor Certification several years ago and it has just been certified. Now I am told that I must file the I-140 or Employment based petition. Additionally, I am told that only afterwards can I file the Adjustment of Status Petition. I urgently need to work and to leave the U.S., but cannot because it will take a considerable amount of time to process the I-140. Is there anything I can do to speed up the process?

Answer: Yes. You are very fortunate as new regulations were just passed by the Immigration and Naturalization Service which allow concurrent filings in certain situations for the I-140 Employment Petition and the I-485 Adjustment of Status Applications.

Question: Why Is the Service Issuing This Rule?

Answer: This interim rule is necessary to improve both efficiency and customer service, and to support the Service’s long-established goals for filing of petitions and applications via direct mail. Currently, as you are aware, an alien can only submit Form I-485 after the alien has had his or her underlying visa petition, Form I-140, approved, and when an immigrant visa is immediately available. Due to these requirements there has been a delay from the time the Form I-140 is filed with the Service until the alien worker, for whom a visa is otherwise immediately available, can properly file Form I-485 with the Service. The most practical and efficient way to eliminate this delay is to permit concurrent filing of Form I-485 together with Form I-140 in cases in which a visa is immediately available. Concurrent filing eliminates the delay that takes place between approval of Form I-140 and the subsequent filing of Form I-485. This interim rule provides for such concurrent filing.

Question: Does This Interim Rule Change or Amend the Substantive Eligibility Requirements for the Visa Petition or Permanent Residence Applications?

Answer: No, this interim rule does not change the current substantive requirements governing eligibility for and adjudication of the Form I-140 nor for the Form I-485.

Question: Who Is Eligible to File Forms I-140 and I-485 Concurrently?

Answer: Forms I-140 and I-485 may be filed concurrently only when an immigrant visa number is immediately available. This interim rule does not change the existing requirement that a visa number must be immediately available before an alien can apply for permanent resident status.

Question: If a Form I-140 Visa Petition Previously Filed for an Alien Worker Is Still Pending with the Service on or After the Date this Rule was published, and a Visa Number is immediately available, can the alien file Form I-485?

Answer: Yes, upon issuance of this rule, an alien whose Form I-140 visa petition is pending with the Service may file Form I-485, together with associated forms and fees, with the Service office at which the visa petition was filed. When filing Form I-485, the alien will be required to attach a copy of the Form I-797, Notice of Action, establishing previous receipt and acceptance by the Service of the underlying Form I-140 visa petition. When an immigrant visa is immediately available, Form I-485 may be filed either concurrently with the Form I-140 or anytime thereafter.

This is a very nice development from the Immigration and Naturalization Service. It will make both their adjudication more efficient, and persons whom want to work sooner on employment based visas will be able to do so considerably quicker than before.

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Title: You mean I don’t have to go back?

Posted on October 9, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been here for several months on a Visitor Visa and have found that I love the U.S. I do not want to return to my home country. I have a Visa that states it is a Multiple Entry Visitor Visa for the next ten years. However, when I entered the U.S., I was given a white card that states that I must leave by next month. Is there anything I can do?

Answer: First, while you get the Visa at the U.S. Consulate or Embassy, it is the INS who actually controls how long you will stay in the U.S. They are the organization that you must pass at any port of entry into the U.S. A port of entry can be by road (i.e., from Canada or Mexico), or by airport (anywhere in the world.) When you enter the U.S., the INS (Immigration and Naturalization Service) will issue what is known as an I-94. This is a white card that is stapled to your passport. It will state exactly when you are authorized to stay in the U.S. If the visa in your passport lasts longer than the I-94, that is irrelevant. Further, if your passport expires during your stay in the U.S. that is also irrelevant as long as the time on your I-94 is still available.

You can file for a change of status. What this means is that as long as the application to change your status is done PRIOR to the expiration of your current stay, you will be able to remain in the U.S. while that application for change of status is being ruled upon.

Question: I read somewhere that the INS wants these type of applications at least 45 days before the expiration of your status. Is that true?

Answer: Normally that is true. However, the law is very specific. As long as you are currently in status at the time the application is received by INS, it will be timely. As a matter of fact, there have been many occasion when my office gets someone in the day before expiration of their status. We prepare the application and actually have it hand delivered on the day of expiration. In that event, it is still timely.

Question: What are the possibilities for changing my status and what types of applications will work?

Answer: Actually, there is a variety of different applications you can do. There are many different kinds of work visas such as the H-1B, H-2B, O-1, P-1 and so on. You can also change to a Student Status such as F-1 or M-1. To change to a working status you would need an employer who would agree to sponsor you. To change to a Student Status, you would need to get the I-20 from a school and then have that submitted with the application for Change of Status.

Question: Once I file the application for Change of Status can I start working or going to school right away?

Answer: No. You must wait while INS rules on the matter. However, you are given an automatic extension of your current status while the Change of Status is pending. Therefore, if you want to stay in the U.S. and your current status is about to expire, there are many ways to change your status and you should take advantage of the appropriate one.

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Title: The Battered Spouse Petition

Posted on October 8, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I loved my husband when I came to the U.S. However, he is now always threatening to call deportation all the time and he is beating me. I do not want to return to my home country, but if I leave my husband I am afraid that I will lose my chance to ever get my green card. Is there anything I can do?

Answer: Yes. There is what is known as the Battered Spouse Petition for people in your exact situation. If you qualify, you can petition yourself without the help or need of your husband. In fact, by law, the Bureau of Immigration and Customs Enforcement (BICE) cannot use any statement your husband may use against you to try to defeat the petition.

Question: What is required for this type of petition?

Answer: The process of self-petitioning for family-based immigrant visa classification parallels that of filing a family-based petition with the cooperation of the beneficiary’s sponsor. The ultimate result of both petitions is the same; i.e., classification as an immediate relative who is immediately eligible to adjust her status

The following categories of abused individuals can self-petition for a family-based visa: 1) non-citizens who were battered or subjected to extreme cruelty by their U.S. citizen or permanent resident spouse; 2) non-citizen spouses whose children were battered or subjected to extreme cruelty by the non-citizens’ U.S. citizen or permanent resident spouse; and 3) non-citizen children who were battered or subjected to extreme cruelty by their U.S. citizen or permanent resident parent.

The legal status of the self-petitioner or her child is irrelevant: they can be undocumented, in status (with a nonimmigrant visa, for example), or out of status. However, the abuser must be a U.S. citizen or lawful permanent resident.

The non-citizen spouse self-petitioner must show that her marriage to the U.S. citizen or permanent resident spouse was entered into in good faith.

The self-petitioning spouse or her child must have been battered or subjected to extreme cruelty by her spouse during the marriage.

Evidence of abuse may include but is not limited to reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel.

Question: What if I divorce my husband? Will I still be eligible for this petition?

Answer: Yes. You do not and should not live with someone whom is either battering you or subjecting you to extreme cruelty. As long as the petition is filed within 2 years of the divorce, you can divorce him and get out of this abusive relationship. In that way, you will still be allowed to apply for the green card, but will not be in a hurtful relationship.

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The Visa with Multiple Faces

Posted on October 2, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have tried to come to the United States on different types of visas, but have been denied at each turn. I cannot get a Visitor Visa and do not qualify for an H-1B work visa. I have also been denied the Student Visa. Do you have any suggestions?

Answer: The J Visa is very versatile. One can come in on the J Visa for many types of purposes. For example, the J Visa is available for students, professors and research scholars, short-term scholars, trainees, specialists, foreign medical graduates, international and government visitors, teachers, camp counselors and au pairs.

Question: Can you explain in some more detail what is involved with these categories?

Answer: For the students, a J is available for persons going to colleges that have been approved with a J Program. Students under certain conditions are allowed to work.

A trainee is one of the more popular uses of the J Visa. A trainee as an individual participating in a structured training program conducted by the selecting sponsor. The primary purpose of the trainee category is to enhance the exchange visitor’s skills in his or her specialty or non-specialty occupation through participation in a structured training program and to improve the participant’s knowledge of American techniques, methodologies, or expertise. The following areas are available for issuance of the J-1 Visa. Arts and culture; information media and communications; education, social sciences; library science, counseling and social services; management, business, commerce and finance; health-related occupations; aviation; the sciences, engineering, architecture, mathematics, and industrial occupations; construction and building trades; agriculture, forestry and fishing; public administration and law; and various other occupations as specified by the sponsor.

A J-1 specialist is defined as an individual who is an expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills. This category does not include professors, research scholars, short-term scholars, or foreign physicians in training programs. This type of J-1 can by used in lieu of the H-1B.

The au pair program permits foreign nationals to enter the United States for up to one year to live with a U.S. host family and participate directly in the home life of the family while providing limited child care services and attending a U.S. post-secondary educational institution.

Professors and research scholars may be sponsored as J-1 exchange visitors to engage in research, teaching, lecturing, observing, or consulting at research facilities, museums, libraries, post-secondary accredited educational institutions, or similar institutions.

Foreign medical graduates sponsored by accredited academic institutions with designated exchange visitor programs may come to the United States as exchange visitors for the purposes of observation, consultation, teaching, or research.

Teachers may be sponsored as exchange visitors to teach full-time at accredited primary or secondary educational institutions.

Secondary school students may come to the United States as J exchange visitors for up to one year to study at a U.S. public or private secondary school, while living with a U.S. host family or at an accredited U.S. boarding school.150 Participants must pursue a full course of study at an accredited educational institution for at least one and not more than two academic semesters.

A camp counselor is an individual selected to be a counselor in a summer camp in the United States who imparts skills to American campers and information about his or her country or culture. Participation in camp counselor exchange programs is limited to foreign nationals who are at least 18 years old and are bona fide youth workers, students, teachers, or individuals with special skills.

The summer/student travel work program is a program that authorizes foreign university students to travel and work in the United States during their summer vacations to involve the students directly in daily life in this country through temporary employment opportunities.

As you can see, the J Visa offers many options. While there may be a two-year foreign residency requirement, many times this type of visa offers the only hope for getting into the U.S.

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Immigration Article: Can I be deported?

Posted on September 30, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been out of status for a number of years. Currently, I have a couple different petitions going forward. Once is a sibling based family petition, and the other is an employment based Labor Certification. I was told that it would take about another three to four years to be able to adjust my status to that of a Lawful Permanent Resident. There have been many news stories of people begin picked up by INS and deported, I am afraid for myself, my wife and my children. Can I just be deported?

Answer: Under most circumstances, the answer is no. Because you are here in the United States, you are allowed the opportunity to go in front of an Immigration Judge. Only if you had a previous deportation order can INS just take you and deport you without giving you a hearing. It is your constitutional right. Unlike many other countries around the world, even if you are not a citizen or a lawful permanent resident of the United States, you are entitled to due process. This means that you have an opportunity to present your case, to question witnesses, to cross examine witnesses who testify against you, to apply for relief or ways of staying permanently in the United States and to appeal decisions of the Immigration Judge that you are not satisfied with.

Question: What exactly might happen?

Answer: Each case is different. However, if you are targeted by INS, you should be served with what is known as a Notice to Appear. This is the beginning of the process. You might be taken into custody upon which you would be able to try to get a Bond Redetermination Hearing to get bonded out or become free while the immigration case is going forward. Then, over the next six months to two years, you will present your case in front of the Immigration Judge with the hope of winning.

Question: Am I entitled to an attorney?

Answer: Yes. You have every right to have an attorney represent you through these proceedings. However, unlike criminal cases, you must pay for the attorney to help you. The State will not provide one free of charge.

Question: How can the U.S. Constitution protect someone in my position?

Answer: Because the U.S. Constitution gives people their rights as free persons in this country. If the U.S. Government were to just pick someone up and deport them, there would not be any safeguards against possible mistakes they may make. Also, the law allows people who are out of status to obtain their Green Cards based upon certain criteria. The government allows you to present that evidence. Just remember that this is the best country in the world to live in (no offense to those people elsewhere) and one reason it is such a great place to live is because individual rights are valued and treasured by our Constitution.

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Is the U.S. engaging in Racial Profiling?

Posted on September 29, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

December 16, 2002 was the first “special registration call-in” program deadline. The program deadline required all males 16 years of age or older, who are citizens or nationals of one of five designated countries, and who entered the US as non-immigrants before September 10, 2002, to have registered to be fingerprinted and photographed.

A subsequent January 10, 2003 deadline applies to nationals from 13 more countries, and a February 21, 2003 deadline applies to nationals from another two countries.

This measure is yet another false solution to a real problem. Call-in registration offers us little protection because it targets people based on national origin, race and religion, rather than on intelligence information, and alienates the very communities whose cooperation we need. To make matters worse, the registration process is being wrongly applied. Instead of identifying terrorists, the INS in some local offices has used the special registration procedure to identify and detain people who are on the path to permanent residence, but are “out of status” — sometimes through no fault of their own. It makes no sense from security or resource perspectives to target people who eventually will be granted lawful status.

Not only is the call-in registration program ill-conceived, it also is being wrongly and ineffectively implemented and diverts law enforcement resources from initiatives that effectively enhance our security. The Department of Justice has not given the INS the necessary staff and resources to do its job and has not effectively disseminated information about the program. The paucity of information will make it likely that otherwise law-abiding people will not register or will fail to comply with program requirements and, therefore, be considered “per se” guilty of a criminal misdemeanor, deportable, and permanently barred from ever reentering the U.S.

Right now, it is only people from the designated countries that are targeted for this type of Special Registration. However, maybe next month, it will be another 10 countries and the month after another 10 countries. Eventually, the U.S. government might start having people who have relatives born in certain countries register. Eventually, the U.S. government might have U.S. Citizens register.

We must fight for civil liberties and constitutional due process for people here in the U.S. Of course no one wants there to be another terrorist attack. However, it is not real likely that a terrorist is going to go and Special Register. Therefore, the people whom are most likely to commit the terrorist acts are the very ones who will most likely not comply with the Special Registration requirements.

For many people in the U.S., this Special Registration is of no concern to them and they simply paint with a broad brush and state that we must prevent terrorism and that this is necessary. The critical concern is that it is the liberty and freedom of the United States that makes this country the best place on Earth to live. If that freedom and liberty is chipped away at, then the foundation of our country begins to erode.

We must do what is necessary to fight terrorism, but not impinge upon the duly protected constitutional rights of people. We must keep our civil rights and help those that are simply trying to make better lives for themselves. We must not target people and treat them unfairly simply because the color of their skin is different or there national origin is different. Otherwise, the terrorists have won.

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Do you fall under The Child Status Protection Act?

Posted on September 25, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am very confused if I fall under the Child Status Protection Act (CSPA.) I have heard various things and just do not know if I qualify. Can you shed some light on this subject?

Answer: Yes it is true that there has been some confusion as to whether or not certain cases apply to the Child Status Protection Act. Within the last week, the Bureau of Citizenship and Immigration Services (BCIS) has issued some new interpretations of the CSPA. Unfortunately, some of the regulations limit what and who can fall under the CSPA.

First, the BCIS now states that the terms of the CSPA are not retroactive. Hence, persons whom age-out and would possibly fall under the CSPA must age-out after August 6, 2002 in order to qualify.

Question: Are there any exceptions to this age-out rule?

Answer: Yes. If you aged-out after August 6, 2002, but the petition has not yet been adjudicated or ruled upon. Also, if the petition has been ruled upon, but the adjustment of status application is still pending you would qualify for this exception.

Question: If I qualify for some other nonimmigrant visa, can I use the sections of CSPA?

Answer: No. Especially listed are the K (for fiancée related beneficiaries) and V (for persons with family petitions pending for over three years.)

Question: When is it actually determined if a person “ages-out”?

Answer: This occurs on the date of the visa number availability. Therefore, you would need to find out exactly when the visa became available and then find out exactly how old the beneficiary was on that date. This will apply not only to the beneficiary, but to the derivative beneficiaries as well.

Question: I have a friend who would have a current visa number available, but his father (the petitioner) became a U.S. Citizen and now the visa number availability is years off. Can he do anything?

Answer: Yes. A simple letter to the BCIS will suffice to show that he wants to retain the old preference. His visa number will become current, and he will be able to adjust his status.

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