Category Archives: Adjustment of Status

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

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

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

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)

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

(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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