LexisNexis® Legal Newsroom
209(c) waiver victory in Batavia, NY

Richard Geduldig writes: " On October 11, 2011, Immigration Judge Philip Montante issued a ten-page written decision granting adjustment of status with a Section 209(c) waiver of grounds of inadmissibility to a refugee who had an aggravated felony conviction, and who had been detained for...

Matter of Lemus-Losa, ID 3745, 25 I&N Dec. 734 (BIA 2012)

Matter of Lemus-Losa, ID 3745, 25 I&N Dec. 734 (BIA 2012) - Adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), is unavailable to an alien who is inadmissible under section 212(a)(9)(B)(i)(II) of the Act, 8 U.S.C. § 1182(a)(9)(B)...

CA4 on Adjustment, Admission, 212(h): Bracamontes v. Holder

"Based on Petitioner’s conviction for an aggravated felony, the United States sought to remove him pursuant to section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (INA). The immigration judge ("IJ") denied Petitioner statutory eligibility for a waiver of inadmissibility...

Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012)

Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012) - (1) An alien who is a refugee under section 207 of the Immigration and Nationality Act, 8U.S.C. § 1157 (2006), and has not adjusted status to that of a lawful permanent resident may be placed in removal proceedings without a prior determination...

BIA on K-4 Adjustment: Matter of Valenzuela, ID 3761

Matter of Valenzuela, ID 3761, 25 I&N Dec. 867 (BIA 2012) - An alien who is admitted to the United States in K-4 nonimmigrant status may only adjust his or her status to that of a lawful permanent resident based on the Petition for Alien Relative (Form I-130) filed by the United States citizen K...

Cleveland IJ Extends Matter of Sesay to K-3s

"Matter of Sesay presents persuasive reasons for the Court to consider K-3 spouse visa holders similar to K-I fiance(e) visa holders attempting to adjust status on the basis of a prior marriage to a United States citizen spouse. It seems fundamentally unfair to allow fiances who subsequently marry...

Matter of Rivas, 26 I&N Dec. 130 (BIA 2013)

A waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2006), is not available on a “stand-alone” basis to an alien in removal proceedings without a concurrently filed application for adjustment of status, and a waiver may not be...

Unpub. BIA Termination Victory: Matter of Fernandes

"In this unpublished decision , the Board of Immigration Appeals (BIA) reversed the immigration judge's finding that the respondent was inadmissible at the time of adjustment of status due to fraud or willful misrepresentation of a material fact. The Board found the fact the respondent was compensated...

CA5 on AOS, 209(b): Siwe v. Holder

"We therefore grant Siwe’s petition on this issue and hold that an alien, like Siwe, whose asylum has been terminated, is not prohibited from applying for adjustment of status under Section 209(b). ... We therefore grant Siwe’s petition for review as to this issue and vacate the BIA’s...

Duran-Gonzalez Settlement

"On March 21, 2014, the U.S. District Court for the Western District of Washington granted preliminary approval of a Settlement Agreement in the case of Aurelio Duran-Gonzalez v. Department of Homeland Security (Duran-Gonzalez) Under the terms of the Duran-Gonzalez Settlement Agreement , certain...

District Court Issues Final Approval of Duran Gonzalez Settlement Agreement

Matt Adams writes: "On July 21, 2014, the District Court issued a final approval of the settlement agreement in Duran Gonzalez . Read the Settlement Agreement for a full explanation of who qualifies as a class member and what steps class members must take in order to seek relief. Duran Gonzalez...

USCIS Interim Memo for Comment - VAWA amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children

"This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding the Violence Against Women Act (VAWA) amendments to the Cuban Adjustment Act (CAA). The amendments provide for continued eligibility for adjustment of status under section 1 of...

Asylee Adjustment APA Collateral Estoppel Victory in California: Islam v. DHS

Anna Benvenue writes: "I just won summary judgment on a case in the Northern District of California in which my client's asylee adjustment application was denied by USCIS based on a finding that he was barred for terrorist inadmissibility. This is the same case that Judge Seeborg ordered the...

CA5 on Asylee Adjustment/Termination, C-J-H-, Chevron: Ali v. Lynch

Ali v. Lynch, Feb. 22, 2016 - "When affirming IJ Greenstein’s assertion that Ali’s LPR status terminated his asylum status, and as a result, Ali’s deportation proceedings could commence without termination of his asylum status, the BIA relied on its precedential decision, C-J-H...

Surge in SIJS Approvals Creates Backlog at Adjustment Stage

CLINIC’s Training and Legal Support staff has written a short analysis of the potential implications for your clients of the State Department’s May Visa Bulletin, released on April 12. - " The State Department’s May Visa Bulletin gives a “final action date” of Jan....

CA6 on APA Finality: Hosseini v. Johnson

Hosseini v. Johnson, June 17, 2016 - "Appellant Mehrdad Hosseini (“Hosseini”) appeals the district court’s dismissal of his complaint for failure to state a claim. Hosseini sought review of the United States Citizenship and Immigration Service’s (“USCIS’s”...