INA245.com

Schedule a Consultation

Home › Schedule a Consultation
Adjustment of Status • Form I-485 • Complex Immigration Issues

Schedule an Adjustment of Status Consultation

A consultation with The Messersmith Law Firm, P.A. can help identify the legal issue controlling a Form I-485 case and evaluate possible options when immigration history, inadmissibility, statutory bars, removal proceedings, an RFE, a NOID, or a prior denial complicates the case.

Start Here

Briefly describe the immigration issue you want reviewed. If there is an RFE, NOID, denial, immigration court matter, or other approaching deadline, include that information with your request. You do not need to assemble your entire immigration history before contacting the firm.

Request a Consultation

Tell Us About Your Adjustment of Status Case

Provide the basic facts needed to identify the adjustment issue and any approaching deadline.

PDF, DOC, DOCX, JPG, or JPEG only. Up to 5 files, 5 MB each, 15 MB total.

Do not include passwords, full Social Security numbers, financial account information, or unnecessary sensitive information.

Common Consultation Issues

When a legal review can be especially useful

The purpose of the consultation is to isolate the controlling legal question, identify the records that matter, and discuss the next practical step.

Eligibility

Can I adjust status?

Review admission or parole, visa availability, admissibility, and the other requirements that may affect eligibility under INA §245(a).

Immigration History

Old entries or proceedings

Evaluate prior entries, overstays, visa applications, removal proceedings, removal orders, voluntary departure, and older petitions.

Adjustment Bars

INA §245(c) problems

Analyze unlawful status, unauthorized employment, Visa Waiver admission, nonimmigrant violations, and applicable statutory exemptions.

Special Relief

INA §245(i) or §245(k)

Determine whether an older filing may create §245(i) grandfathering or whether employment based violations may fall within §245(k).

INA §212

Inadmissibility

Review fraud or misrepresentation, criminal history, unlawful presence, removal history, alien smuggling, and possible waivers or exceptions.

Adverse Action

RFE, NOID, or denial

Identify what USCIS has challenged and whether additional evidence, legal argument, a motion, refiling, or another remedy should be considered.

Consultation Process

A focused review of the legal problem

Complex adjustment questions are easier to evaluate when the facts and records are organized around the issue USCIS, an immigration judge, or another agency must decide.

01

Describe the Issue

Explain the immigration objective and the event, filing, or government finding creating concern.

02

Identify Key Records

Determine which entry records, filings, notices, court documents, or other evidence are most relevant.

03

Apply the Law

Compare the facts with the governing statutes, regulations, agency rules, and precedent.

04

Evaluate Options

Discuss available filing, response, waiver, motion, court, or other procedural options.

Documents

What may be useful to send

The relevant documents depend on the issue. Useful records can include:

  • Passport and current immigration documents;
  • Forms I-94 or CBP entry records;
  • Immigrant petitions and Form I-485 filing materials;
  • USCIS RFEs, NOIDs, or denial notices;
  • Immigration court or prior removal records;
  • Employment and status documentation; and
  • Any government notice containing the finding you want reviewed.
You do not need every immigration record before requesting a consultation. The initial review can help identify which additional records would be most important to obtain.
Questions

Questions that can be addressed

  • Am I eligible to file Form I-485?
  • Does an overstay or unauthorized employment affect adjustment?
  • Can INA §245(i) or INA §245(k) apply?
  • Does a prior removal order affect the case?
  • Does USCIS or an immigration judge have jurisdiction?
  • Do I need an inadmissibility waiver?
  • How should I respond to an RFE or NOID?
  • Should I file a motion, refile Form I-485, or consider another process?
Important

What a consultation does not guarantee

Immigration matters are fact specific. A consultation provides legal analysis based on the information and records available for review, but it cannot guarantee that USCIS, DOS, CBP, EOIR, or another government agency will reach a particular result.

Additional investigation or records may sometimes be necessary before a definitive recommendation can be made.

Research Before Your Consultation

Review the issue that applies to your case

INA245.com provides detailed background on common adjustment of status issues. These resources can help identify the questions you want to discuss.

Ready to discuss the immigration issue?

Return to the consultation form and provide a brief description of the matter and any important government or filing deadline.

Request a Consultation