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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...

USCIS Issues Guidance on Adjustment of Status Policies and Procedures

USCIS, Feb. 25, 2016 - "Effective February 25, 2016, new guidance in the USCIS Policy Manual provides information on the general policies and procedures for adjustment of status to lawful permanent residence as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA)...

TPS Adjustment of Status Victory: Bonilla v. Johnson

Bonilla v. Johnson, Mar. 2, 2016 - "The parties agree that the sole question before the Court is whether a grant of temporary protected status (“TPS”) under 8 U.S.C. § 1254a satisfies the threshold requirement of admission under 8 U.S.C. § 1255(a) for purposes of becoming eligible...

USCIS Policy Manual Update: Obsolete Form Removed

USCIS Policy Alert, June 22, 2016 - "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove obsolete Form I-643, Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status, from the filing requirements for applications...

CA5 on Chevron, Adjustment, Admission and Proper NTA Charging: Marques v. Lynch

Marques v. Lynch, Aug. 19, 2016 - "We are urged to press on beyond the seemingly clear language of the statute into the ambiguity created by the overall operation of the INA. The possibility of venturing beyond the confines of Sections 1227(a)(1)(A) and 1182(a)(7)(A) causes us to recall comments...

BIA on Adjustment of Status: Matter of L-T-P-, 26 I&N Dec. 862 (BIA 2016)

Matter of L-T-P-, 26 I&N Dec. 862 (BIA 2016) - (1) An applicant for adjustment of status under section 209 of the Immigration and Nationality Act, 8 U.S.C. § 1159 (2012), must be either a refugee or an asylee. (2) Cubans who were paroled into the United States under section 212(d)(5) of the...

CA9 on Adjustment of Status, Admission, TPS: Ramirez v. Brown

Ramirez v. Brown, Mar. 31, 2017 - Court staff summary: "The panel affirmed the district court’s summary judgment in favor of Jesus Ramirez in his action challenging the United States Citizenship and Immigration Service’s decision finding him ineligible to adjust to lawful permanent resident...

BIA on AOS, Termination of Asylee Status: Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)

Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017) (1) An alien who adjusts status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2012), changes his or her status from that of an alien granted asylum to that of an alien lawfully admitted for permanent residence...

AIC Practice Advisory: Court Decisions Ensure TPS Holders in Sixth and Ninth Circuits May Become Permanent Residents

Mary Kenney, AIC, Sept. 11, 2017 - "Two courts of appeals have held that a grant of Temporary Protected Status (TPS) may make an individual eligible for adjustment of status. In Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), and Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013), the courts held that...