Question: Can those who entered without inspection adjust status? Answer: Yes, if they have Sec. 245(i) eligibility. This means that they are beneficiary of an immigrant petition or labor certification filed before April 30, 2001. Question: What about those who have no Sec. 245(i) eligibility, can they...
The Obama administration announced that it will propose a rulemaking to change the procedure in applying for waiver of unlawful presence. The proposed rule will allow an alien to file an I-601 waiver in the U.S. and wait for approval before departing the U.S. to...
Question: Under the U. S. Immigration laws a waiver of misrepresentation may be granted if the applicant has a parent, spouse, son or daughter who is a U. S. citizen or lawful permanent resident. What happen if the U.S. citizen parent or any of the...
Question: Who are the derivative aliens? Answer: Derivative aliens are the spouse and minor children of the principal alien who was petitioned for immigrant visa or labor certification. Question: What is adjustment of status under Sec. 245(i)? Answer: Aliens who are in the United States may adjust status...
It is to your lifetime advantage if you go to Immigration Court if you received a Notice to Appear. Some aliens with no immediate immigration relief disregarded the Notice to Appear they received in the hope that they can get away from it. The truth...
If you obtained an immigrant visa as single son or daughter of a Lawful Permanent Resident or a U. S. citizen but you are actually married at the time of your entry to the U. S., you committed a misrepresentation of material fact in obtaining...
The Immigration and Nationality Act Sec. 204 (c) prohibits the approval of a subsequent petition if the alien committed marriage fraud in a prior petition. It also prohibits the approval of the first petition if the Attorney General determined that the marriage is a sham. The...
Question: What relief is available to aliens who entered the United States using a different name? Answer: If you are applying for adjustment of status and you used a name different than your real name upon your entry, you are one of those aliens who are...
When the I-751 is denied by the USCIS, the law requires that the alien will be placed in removal proceedings. In those proceedings the alien may renew the Petition to Remove Condition on Residence in Form I-751with the Immigration Judge. If the proceeding is initiated...
Question: Under the U. S. Immigration laws a waiver of misrepresentation may be granted if the applicant has a parent, spouse, son or daughter who is a U. S. citizen or lawful permanent resident. What happen to an alien in removal proceedings if the U.S....