Adjustment of Status

News & Analysis as of

BIA Holds Pending Extension of Non-Immigrant Status, Maintains Lawful Status

The Board of Immigration Appeals (BIA) issued a decision in Matter of Norra finding that applicants for adjustment of status maintained lawful status while their applications for extension of the non-immigrant visa were...more

Department of State Releases May 2014 Visa Bulletin

Bulletin shows minor forward movement in the EB-2 China category and the EB-3 India category, with no movement in the EB-2 India category or the EB-3 China category. The U.S. Department of State (DOS) has released its...more

Department of State Releases April 2014 Visa Bulletin

Bulletin shows no movement of cutoff dates in EB-2 or EB-3 India categories and continued advancement of the EB-3 China category ahead of the EB-2 China category. The U.S. Department of State (DOS) has released its...more

Department of State Releases March 2014 Visa Bulletin

Bulletin shows minor to moderate advancement of cutoff dates in all EB-2 and EB-3 categories, with the exception of EB-2 India, which will remain unchanged. The U.S. Department of State (DOS) has released its March...more

Department of State Releases February 2014 Visa Bulletin

Bulletin shows no movement of cutoff dates in the EB-2 and EB-3 India categories; the cutoff dates in the EB-2 and EB-3 China categories show minor forward movement with EB-3 China continuing to move ahead of EB-2 China. ...more

Department of State Releases January 2014 Visa Bulletin

Bulletin shows no movement of cutoff dates for individuals born in India in the EB-2 and EB-3 preference categories; the cutoff date for individuals born in China in the EB-3 category continues to move ahead of the EB-2...more

USCIS Issues Policy Memo on Parole of Non-Citizen Family Members of Military Service Men and Women

Parole in place (PIP) is an immigration procedure that allows qualifying family members who entered the U.S. without inspection and admission to apply for green cards (adjustment of status) while in the U.S., instead of being...more

Update: Employment-Based Immigrant Visa Numbers and Priority Date Cutoffs

Department of State’s Visa Office comments on demand in the employment-based immigrant visa categories, indicating an early retrogression of the cutoff date for EB-2 India. Charles Oppenheim, Chief of the Visa Control...more

Department of State Releases December 2013 Visa Bulletin

Bulletin shows severe retrogression of the cutoff date for individuals born in India in the employment-based second preference category and continued advancement of the cutoff date for individuals born in China in the...more

Border Entry Blog Series: Part 4 - CBP's Creative Interpretation of Status Violations

In the CBP/AILA liaison meeting, the minutes of which were published this week (see previous posts for more info), we note another (and even more) disturbing interpretation of immigration law by CBP that could take people by...more

Florida DMV Will Not Accept Immigration Documents Based on Same-Sex Marriage

Part of the driver license application process in Florida involves proving lawful status in the U.S. There are many documents or sets of documents an applicant can provide to the Florida Department of Motor Vehicles (DMV) to...more

Department of State Releases October 2013 Visa Bulletin

There is no significant movement in cutoff dates in the employment-based categories; spouses and children of permanent resident family-based sponsors no longer remain current. The U.S. Department of State (DOS) has...more

Department of State Releases September 2013 Visa Bulletin

EB-3 category for individuals from most countries advances significantly, and EB-2 category for individuals from India advances by five-and-a-half months. The U.S. Department of State (DOS) has released its September...more

Marriage Fraud Does Not Wait On Lying To Immigration Officials

Does marriage fraud happen in the marriage, or at the wedding?...more

U.S. Immigration Benefits Available to Same-Sex Spouses

USCIS issues expanded and revised FAQ in the wake of the Supreme Court's decision overturning DOMA. ...more

Department of State Releases August 2013 Visa Bulletin

EB-2 category for individuals chargeable to India advances by more than three years. ...more

USCIS Issues Numerous Requests for Evidence on Pending I-485 Applications

Identical requests on Adjustment of Status applications have been issued specifically to EB-2 applicants chargeable to India. On June 13, the U.S. Citizenship and Immigration Service (USCIS) began issuing a substantial...more

Department of State Releases May 2013 Visa Bulletin

EB-2 category for all chargeable areas other than China and India remains current, with some considerable forward movement but continued backlog in the EB-3 category....more

Department of State Releases March 2013 Visa Bulletin

EB-2 category for all chargeable areas other than China and India remains current, with minor forward movement in the EB-3 category. The U.S. Department of State (DOS) has released its March 2013 Visa Bulletin. The Visa...more

Department of State Releases November 2012 Visa Bulletin

EB-2 category for all chargeable areas except China and India is once again current. The U.S. Department of State (DOS) has released its November 2012 Visa Bulletin. The Visa Bulletin sets out per country priority date...more

EB-2 INDIA IMMIGRANT VISA RETROGRESSION GREATER THAN PROJECTED

On September 11, 2012, the U.S. Department of State released the October Visa Bulletin, publishing the “cut-off dates” for immigrant visa availability during the month of October 2012, the first month of the Government’s...more

Department of State Releases October 2012 Visa Bulletin

EB-2 category for China and India is no longer unavailable; cutoff dates remain for Rest of the World EB-2 category. The U.S. Department of State (DOS) has released its October 2012 Visa Bulletin. The Visa Bulletin...more

EB-2 IMMIGRANT VISA AVAILABILITY BACKLOGGED FOR ALL COUNTRIES OF BIRTH STARTING JULY 1, 2012

On Monday, June 11th, the Department of State published the July 2012 Visa Bulletin, establishing a “cut-off date” of January 1, 2009, for EB-2 applicants born in countries other than India and China. EB-2 immigrant visas...more

Employment-Based Second Preference (EB-2) Unavailable for China and India

The Visa Bulletin for June 2012 has recently been published and shows unavailability of immigrant visas in the employment-based second preference (EB-2) category for individuals who are born in China or India. The EB-2...more

FY-2012 EB-2 IMMIGRANT VISAS EXHAUSTED FOR INDIA & CHINA

On Wednesday, May 9th, the Department of State published the June 2012 Visa Bulletin, announcing that immigrant visa numbers are no longer available under the Employment-Based, Second Preference (EB-2) category for applicants...more

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