Category Archives: Adjustment of Status

Adjustment of Status to Lawful Permanent Resident. Precedent Decisions Pertaining to Adjustment of Status

Posted on November 6, 2011 by Mike Baker

Arriving Aliens Matter of Silitonga, 25 I&N Dec. 89 (BIA 2009) Under 8 C.F.R. §§ 245.2(a)(1) and 1245.2(a)(1)(ii) (2009), Immigration Judges have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status, with the limited … Continue reading →

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Matter of Sesay: K-1 Fiancé(e) Who Timely Married Petitioner May Adjust Status Even If Marriage Has Ended, BIA Holds

Posted on March 23, 2011 by Mike Baker

The Board of Immigration Appeals held in Matter of Sesay, 25 I & N Dec. 431 (Mar. 17, 2011) that (1) under INA § 245(d) [8 USCA § 1255(d)] (2006), a fiancé(e) visa holder can only adjust status based on … Continue reading →

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Approval of Petitions and Applications after the Death of the Qualifying Relative

Posted on January 27, 2011 by Mike Baker

U.S. Citizenship and Immigration Services Office of the Director December 16, 2010 PM-602-0017 Policy MemorandumApproval of Petitions and Applications after the Death of the Qualifying Relative The DHS had determined that if the petitioner died before a case was complete … Continue reading →

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Section 245(i) not available for Spouse of 245(i) Eligible Applicant: Matter of LEGASPI, 25 I&N Dec. 328 (BIA 2010)

Posted on September 8, 2010 by Mike Baker

Matter of Michael Raymund Aguirre LEGASPI, Respondent File A097 368 288 – Los Angeles, California Decided September 1, 2010 U.S. Department of JusticeExecutive Office for Immigration ReviewBoard of Immigration AppealsClick here for the decision.Tweet An alien is not independently “grandfathered” … Continue reading →

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BIA Finds § 236(a)(2)(B) Conditional Parole Is Not Parole into the U.S. for AOS Purposes: Matter of Luis CASTILLO-PADILLA

Posted on June 29, 2010 by Mike Baker

(1) Conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2006), is a distinct and different procedure from parole under section 212(d)(5)(A) of the Act, 8 U.S.C. § 1182(d)(5)(A) (2006). (2) An alien who … Continue reading →

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