Posts tagged “Adjustment of Status”

By now, you may have heard of the bombshell adjustment of status memorandum released by USCIS last week. In that memo, USCIS emphasizes that the grant of adjustment of status is “an extraordinary matter of discretion” and was not meant to “supersede the regular consular processing of immigrant visas.” While it is unclear how exactly it will be implemented or whether it will be invalidated by the courts, it is clear that, as of today, there is a new calculus in determining whether one should seek to adjust status or consular process. Any nonimmigrant – a visitor (B or ESTA/VWP), student (F), exchange visitor (J-1), professional (H-1B), business executive/manager/specialist (L-1), individual with extraordinary or distinguished ability (sciences, arts, etc.…) (O-1), athletes/cultural workers (P) religious workers (R-1) – who is located in the US and has an interest in and legal basis for immigrating through a family, immediate relative, employment or diversity lottery immigration category must consider the potential ramifications of the new memo.

The Department of Homeland Security’s Secretary has the authority to grant parole into the United States for foreign individuals in urgent medical or humanitarian situations or during emergencies. Humanitarian Parole is typically considered a final opportunity for entry into the US for individuals who do not qualify for a visa through standard means. The evaluation process for these requests is rigorous, with approximately three-quarters of humanitarian parole applications rejected. It is granted on a case-by-case basis and should not be used to bypass regular visa procedures or applications for refugee status. To illustrate the various situations in which humanitarian parole may be used, below we can provide a few case studies from our own experience. For example, after an encounter at the airport in the US, one client was paroled into the United States for one month. But he was not given a copy of his Record of Sworn Statement…

We continue to receive a surge of questions from those who have been adversely impacted by the situation surrounding AZTech, Integra, Andwill, Wireclass, and other questionable OPT-related companies. Interestingly, we have also been contacted by those who have not felt any adverse consequences yet nor are aware of any impact, but potentially may have some exposure because of their OPT past. What should they do? Reaching out to a lawyer is a good start. Without stating the obvious, these individuals may already have been impacted; they just don’t know it yet. In the eyes of the government, their mere association with a suspect OPT organization opens the door for adverse action: visa revocation; denial of a future USCIS H-1B or green card petition; refusal of an employment authorization or change of status or adjustment of status application; the opening of removal proceedings in the US; expedited removal and/or the imposition…

“It ain’t over till the fat lady sings…” The opera expression widely used in sports has taken on a whole new relevance in the immigration world. No longer are government agencies approving applications and deferring to previously-approved applications or adjudications. Rather, they are reopening past applications — from 3, 5, 10, 15, 20 years ago — searching for misrepresentations, inconsistencies, and loose ends to thwart applications for visas, changes to status, and adjustment of status. You are so close to getting that long-desired visa or green card, but the “fat lady” — in these cases, USCIS and the State Department consular posts — doesn’t want the “opera” to end. The boundaries are unlimited. Even relatively obscure provisions of immigration law, such as the “stowaway” provision, are being invoked more and more. A stowaway is someone who obtains transportation without consent and through concealment. Anyone who enters the US by a…