Adjustment of status practice
The firm's adjustment practice includes family-based, employment-based, and special adjustment matters as well as cases involving significant procedural or statutory complications.
INA §245(a)
Inspection, admission, parole, immigrant visa eligibility, admissibility, and visa availability.
INA §245(c)
Unauthorized employment, unlawful status, nonimmigrant violations, Visa Waiver issues, and adjustment bars.
INA §245(i)
Grandfathering based on qualifying old petitions or labor certifications.
INA §245(k)
Employment-based adjustment involving limited status or employment violations.
Pending I-485 Issues
Travel, employment, portability, visa retrogression, relationship changes, and transfer of basis.
Adverse Decisions
RFEs, NOIDs, denials, motions, removal proceedings, and jurisdiction.
Complex immigration histories
Many adjustment problems arise from events that occurred years before the current green-card application.
A meaningful review can require examination of:
- Prior entries and departures;
- Old visa applications;
- Form I-94 and CBP records;
- Prior immigrant and nonimmigrant petitions;
- Unauthorized employment or status violations;
- Immigration court proceedings;
- Removal, deportation, or exclusion orders;
- Criminal records;
- Prior USCIS or consular findings;
- Marriage and family immigration history; and
- Prior allegations of fraud or misrepresentation.
The correct legal strategy often becomes apparent only after the applicant's complete immigration history is placed in chronological order.
Statutory and case-law research
INA245.com reflects the firm's emphasis on primary legal authority.
Adjustment questions can require analysis of:
- The Immigration and Nationality Act;
- Title 8 of the United States Code;
- DHS and EOIR regulations;
- USCIS Policy Manual provisions;
- BIA and Attorney General precedent decisions;
- Supreme Court and federal circuit decisions;
- Department of State visa-number rules; and
- Current USCIS forms and procedural instructions.
See the Adjustment of Status Legal Reference.
Developing the evidentiary record
Legal analysis and evidence development should proceed together.
Depending on the case, the record may include:
- Applicant and witness declarations;
- USCIS, CBP, DOS, or EOIR records;
- Civil documents;
- Employment evidence;
- Tax records;
- Medical evidence;
- Criminal court documents;
- Historical immigration filings;
- Expert opinions where relevant;
- Secondary evidence for unavailable records; and
- Legal briefs explaining how the evidence satisfies the governing standard.
The objective is not to submit the greatest number of documents. It is to establish each legally material fact with reliable evidence.
Federal immigration practice
Immigration law is principally federal law. Representation in USCIS and related federal immigration matters therefore frequently involves clients, petitioners, employers, and family members located in different states or outside the United States.
The appropriate representation strategy depends on the agency, immigration court, consular post, field office, service center, or federal jurisdiction involved in the specific case.
Why INA245.com?
INA245.com is designed as a focused legal reference for adjustment of status rather than a general immigration website.
The site separates adjustment law into distinct research areas:
- INA §245(a) eligibility;
- INA §245(c) adjustment bars;
- INA §245(i) grandfathering;
- INA §245(k);
- Visa availability;
- Employment-based adjustment;
- Family-based adjustment;
- Special adjustment categories;
- Form I-485 procedure;
- Pending I-485 issues;
- Denials and jurisdiction; and
- Primary legal authorities and precedent.
The goal is to make it easier to identify the controlling adjustment issue before deciding how a particular case should proceed.