LexisNexis® Legal Newsroom
Unpub. BIA victory: T1D entrant can adjust under 245(a) with 212(h) waiver

"The record reflects that the respondent was admitted into the United States as a T1 D entrant, pertaining to legalization applicants denied temporary resident status (Respondent's Brief, Tab 5). Inasmuch as admission under that provision is a lawful admission, the respondent is not precluded...

TPS Grantee Adjusts Status

Read the very interesting legal saga of a Salvadoran TPS grantee who was able, after litigation, to adjust status. Braverman & Lin .

Matter of Orlando FERNANDEZ TAVERAS, ID 3757, 25 I&N Dec. 834 (BIA 2012)

Matter of Orlando FERNANDEZ TAVERAS, ID 3757, 25 I&N Dec. 834 (BIA 2012) - (1) Section 101(a)(13)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(C) (2006), which relates to returning lawful permanent residents seeking admission at a port of entry, is not applicable to an alien...

BIA on Adult K-4 Adjustment: Matter of Akram, ID 3762

(1) An alien who was admitted to the United States as a K-4 nonimmigrant may not adjust status without demonstrating immigrant visa eligibility and availability as the beneficiary of a Petition for Alien Relative (Form I-130) filed by his or her stepparent, the United States citizen K visa petitioner...

David A. Isaacson on Shabaj v. Holder

" On January 15, 2013, the Court of Appeals for the Second Circuit issued a precedential decision in the case of Shabaj v. Holder , No. 12-703. ... The jurisdiction of the Second Circuit includes New York, Connecticut, and Vermont, while the jurisdiction of the Third Circuit includes New Jersey...

CA5 on Terrorist Activity Asylum/AOS Bar: Amrollah v. Napolitano

"The government denied Amrollah’s application for permanent resident status after it concluded that Amrollah had engaged in terrorist activity under 8 U.S.C. § 1182(a)(3)(B)(iv)(VI)(dd) (2010) by providing material support to a Tier III terrorist organization or the member of such an...

CA11 on 'Applicant for Admission' - Ortiz-Bouchet v. U.S. Atty. Gen.

"We initially find that the IJ erred as a matter of law in finding Ortiz and Malpica inadmissible pursuant to 8 U.S.C. § 1182(a)(7)(A)(i)(I) because that section only applies to applicants for admission and not to immigrants like Ortiz and Malpica who sought post-entry adjustment of status...

CA5 on Adjustment of Status, Chevron Deference: Dhuka v. Holder

"This petition for review challenges the Board of Immigration Appeals’ determination that the petitioners could not adjust their status because for more than 180 days, they had not been in “lawful status.” We conclude the BIA properly defined “lawful status” and reasonably...

CA6 on TPS, Adjustment of Status: Flores v. USCIS

"This case illustrates the archaic and convoluted state of our current immigration system. While many suggest that immigrants should simply “get in line” and pursue a legal pathway to citizenship, for Saady Suazo and other similarly situated Temporary Protected Status beneficiaries,...

CA7 Overrules Matter of Akram! - Akram v. Holder

"Mahvash Alisha Akram came to this country in 2006. She hoped to join her recently remarried mother and become a lawful permanent resident. Her hopes were dashed when she ran headlong into a regulatory wall. She now argues that the regulation that thwarted her cannot stand. Because we find that...

USCIS Policy Memo: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification PeriodReflected in the Visa Bulletin

"This policy memorandum (PM) provides updated guidelines to ensure uniform acceptance of applications for adjustment of status under the Diversity Visa (DV) category. The guidance contained in this PM is controlling and supersedes any prior guidance on the subject." - USCIS, Aug. 9, 2013 .

USCIS Policy Memo: Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program

"This policy memorandum (PM) provides guidance on the adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). This PM updates the Adjudicator’s Field Manual (AFM) by adding...

USCIS Must Adjudicate AOS Pending 6 Years: Islam v. Heinauer

"Taken together, under the circumstances of this case, the TRAC factors support a conclusion that Islam has endured an unreasonable delay in the processing of his Form I-485 petition. In Islam I, decided in 2011, the court stated that the time may come when defendants’ delay—which was...

TPS = Admission for AOS Purposes: Ramirez v. Dougherty

"The only issue for the Court is whether Mr. Ramirez was “inspected and admitted,” and therefore eligible to adjust his status. The determination hinges on the interplay between the adjustment of status statute, § 1255(a), and a subsection of the TPS statute, § 1254a(f)(4)...

Do We Really Have to Wait for Godot? - Endelman & Mehta

"While the Obama administration is working on unveiling administrative fixes to reform the immigration system, we wish to revive one idea, which we discussed in The Tyranny of Priority Dates . We propose that aliens caught in the crushing employment-based (EB) or family-based (FB) backlogs could...

CA9 on Adjustment, Reopening: Singh v. Holder

"For the second time in six years, we hold that the Board of Immigration Appeals has authority to reopen proceedings of an alien who is under a final order of removal in order to afford the alien an opportunity to pursue an adjustment of status application before United States Citizenship and Immigration...

LET'S HOPE THAT'S WHAT IT MEANS: DOES EXECUTIVE INITIATIVE REALLY PROVIDE FOR EARLY ADJUSTMENT OF STATUS?

"Now that we have had a chance to exhale, a nagging doubt clouds this emerging optimism: Is early adjustment of status really what is contemplated? While White House briefings and talking points certainly suggested this was the case, a stubborn yet deliberate reading of the various memoranda uncovers...

BIA on Admission, Adjustment of Status, 237(a)(1)(H) - Matter of Agour

Official Headnote : Adjustment of status constitutes an “admission” for purposes of determining an alien’s eligibility to apply for a waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H) (2012). Matter of Connelly , 19 I&N Dec....

USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status

USCIS, Sept. 9, 2015 - "USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures...

Godot Has Arrived! Early AOS Fillings Possible Under Oct. 2015 Visa Bulletin - Cyrus D. Mehta

Cyrus D. Mehta on Sept. 9, 2015 - " The U.S. Department of State, starting in October 2015, has issued a visa bulletin with two “application dates” for beneficiaries of family-based and employment based immigrant petitions. There is an application final action date when the beneficiary...

USCIS Telecon Wed. Sept. 16, 2015 re Visa Bulletin, Adjustment of Status

USCIS, Sept. 10, 2015 - "Engagement Invitation - Revisions to the Visa Bulletin for Adjustment of Status Applicants Wednesday, Sept. 16, 2015 2:00 – 3:00 p.m. (Eastern) U.S. Citizenship and Immigration Services (USCIS) invites you to a stakeholder teleconference on Wednesday, Sept...

#Visagate2015 May Spawn Litigation

On Sept. 9, 2015 the State Department published the October 2015 Visa Bulletin with a new "Dates for Filing Applications" feature enabling some on the backlogged waiting lists to file 'early' for adjustment of status. But on Sept. 25th, apparently under pressure from USCIS, DOS revised...

Cyrus D. Mehta Unpacks #VisaGate2015: When is a Visa 'Immediately Available' for AOS Filing?

Cyrus D. Mehta, Oct. 4, 2015 - " Central in the Mehta v. DOS lawsuit is whether the administration is authorized to establish a dual date system in the Department of State’s (DOS) Visa Bulletin, which it did for the first time in October 2015. When the DOS first issued the October 2015 Visa...

USCIS Updates Instructions for Using DOS Visa Bulletin - Oct. 14, 2015

USCIS, Oct. 14, 2015 - "Beginning with the November 2015 Department of State (DOS) Visa Bulletin , if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on www.uscis.gov/visabulletininfo that applicants may...

Cyrus D. Mehta on Early Adjustment for High-Skilled Green Card Applicants

Cyrus D. Mehta, Jan. 8, 2015 - "This blog’s focus is not to explain every aspect of the proposed rule , and refers readers to Greg Siskind’s detailed summary, but suggests that the DHS also consider adding a rule to allow early filing of an I-485 adjustment application. Including a rule...