Peter Messersmith — Adjustment of Status Attorney
Peter Messersmith is an immigration attorney and the founder of The Messersmith Law Firm, P.A. His practice is limited to U.S. immigration law. He has practiced continuously since 2002 and represents clients in adjustment-of-status matters involving family and employment petitions, INA §245(i), INA §245(k), inadmissibility, waivers, Requests for Evidence, Notices of Intent to Deny, USCIS denials, rescission and immigration court jurisdiction.
Adjustment of status representation
Immigration law is federal. Mr. Messersmith represents immigration clients nationwide rather than limiting his practice to clients who live near the Firm's Orlando office.
Practice limited to immigration law
The Messersmith Law Firm, P.A. focuses on U.S. immigration matters.
Mr. Messersmith's adjustment practice includes issues involving:
- Family-based adjustment;
- Marriage-based adjustment;
- Employment-based adjustment;
- EB-1 adjustment;
- EB-2 and national interest waiver adjustment;
- EB-3 adjustment;
- EB-5 adjustment;
- INA §245(i);
- INA §245(k);
- Special adjustment categories;
- Inadmissibility and waivers;
- Adjustment RFEs and NOIDs;
- Form I-290B motions;
- Removal proceedings; and
- Post-adjustment rescission issues.
See Family-Based Adjustment and Employment-Based Adjustment.
Complex adjustment eligibility
Many Form I-485 cases are not primarily form-preparation problems.
The difficult issue may instead be:
- Whether an old entry qualifies as an admission;
- Whether parole satisfies INA §245(a);
- Whether INA §245(c) applies;
- Whether an immediate-relative exemption applies;
- Whether the applicant is grandfathered under INA §245(i);
- Whether employment violations fit within INA §245(k);
- Whether an immigrant petition remains valid;
- Whether an arrest creates inadmissibility;
- Whether an old immigration statement creates misrepresentation;
- Whether a waiver is available;
- Whether USCIS or an immigration judge has jurisdiction; or
- Whether an adverse USCIS decision should be reopened or reconsidered.
A well-prepared adjustment case begins by identifying the statute, regulation and evidence that control the applicant's eligibility.
INA §245(i) and difficult entry histories
Mr. Messersmith represents adjustment applicants whose cases require reconstruction of older immigration histories.
That can include:
- Entry without inspection;
- Old Form I-130 petitions;
- Old labor certifications;
- Derivative grandfathering;
- Multiple entries and departures;
- Unlawful presence;
- Prior removal;
- INA §212(a)(9)(B);
- INA §212(a)(9)(C); and
- Determining whether §245(i) actually solves the adjustment problem.
See INA §245(i).
INA §245(k) employment cases
Employment-based adjustment often becomes difficult when the applicant has experienced:
- Status expiration;
- Employment without authorization;
- Work for the wrong employer;
- Employment before petition approval;
- Late extensions;
- Change-of-status problems;
- Multiple employers;
- Long-pending I-485 applications; or
- Job changes after filing.
INA §245(k) can protect qualifying employment-based applicants when covered violations after the relevant lawful admission remain within the statutory aggregate 180-day limit.
See INA §245(k).
Employment portability and changing jobs
Mr. Messersmith also represents employment-based applicants whose I-485 cases involve:
- INA §204(j) portability;
- Form I-485 Supplement J;
- Same or similar occupational classification;
- I-140 withdrawal;
- Employer termination;
- Job-offer changes;
- Self-employment questions; and
- Transfer of underlying basis.
Family and marriage-based adjustment
Family adjustment cases can become legally complex when the record involves:
- Visa overstay;
- Unauthorized employment;
- Prior marriages;
- Prior immigration petitions;
- Home visits;
- Separate residences;
- Prior marriage-fraud allegations;
- Marriage during removal proceedings;
- Death of a U.S. citizen spouse;
- Form I-864 problems; or
- Criminal or immigration history.
See Spouse of a U.S. Citizen Adjustment of Status and Widow or Widower Adjustment of Status.
Inadmissibility and waiver analysis
An approved immigrant petition does not guarantee Form I-485 approval.
Adjustment applicants must also address INA §212 inadmissibility.
Mr. Messersmith's immigration practice includes matters involving:
- INA §212(a)(2) criminal grounds;
- INA §212(a)(2)(C) drug-trafficking allegations;
- INA §212(a)(3) security issues;
- INA §212(a)(6)(C)(i) fraud or willful misrepresentation;
- INA §212(a)(6)(C)(ii) false citizenship claims;
- INA §212(a)(6)(E) alien smuggling;
- INA §212(a)(9)(A) prior removal;
- INA §212(a)(9)(B) unlawful presence;
- INA §212(a)(9)(C) unlawful reentry; and
- Related waiver applications where Congress provides relief.
A waiver should not be treated as the first solution if USCIS has incorrectly determined that the applicant is inadmissible.
RFE and NOID representation
An RFE often means USCIS needs additional proof.
A NOID usually means USCIS has moved further and tentatively concluded that the application should be denied.
Mr. Messersmith represents applicants responding to issues such as:
- Missing civil records;
- Admission or parole;
- Form I-693;
- Form I-864;
- Criminal history;
- Unauthorized employment;
- INA §245(k);
- Marriage fraud;
- Misrepresentation;
- Drug-trafficking allegations;
- Underlying petition problems;
- Derogatory government information; and
- Discretionary concerns.
See I-485 Request for Evidence and I-485 Notice of Intent to Deny.
After an I-485 denial
A denial should be reviewed immediately because post-decision deadlines can be short.
Possible strategies include:
- Motion to reopen;
- Motion to reconsider;
- Combined Form I-290B motion;
- New Form I-485;
- New immigrant petition;
- Renewal in removal proceedings;
- Waiver filing;
- Transfer to another immigrant basis; and
- Federal review where jurisdiction exists.
Adjustment in removal proceedings
When a non-arriving applicant is in removal proceedings, the immigration judge generally has exclusive jurisdiction over Form I-485.
These cases can require coordination of:
- USCIS immigrant petition adjudication;
- Immigration court jurisdiction;
- Visa availability;
- Waivers;
- Biometrics;
- Form I-864;
- Evidence;
- Testimony;
- Discretion; and
- BIA appellate rights.
Legal research and statutory analysis
INA245.com reflects the same statute-first approach used in complex immigration representation.
Adjustment analysis can require:
- INA §245;
- 8 U.S.C. §1255;
- 8 C.F.R. Part 245;
- 8 C.F.R. Part 1245;
- USCIS Policy Manual Volume 7;
- INA §212;
- BIA precedent;
- Attorney General precedent;
- Federal circuit decisions; and
- Supreme Court precedent.
Professional background
Peter Messersmith has practiced law continuously since 2002, with his practice focused on U.S. immigration law.
Law License
Admitted to practice law in Illinois in 2002. His published professional profiles identify his Illinois license as active and authorized.
Law School
Juris Doctor, University of Illinois Chicago School of Law, 2002.
Undergraduate Education
Bachelor's degree, University of Texas at Austin, 1999.
Judicial Experience
Before opening the Firm, he served in judicial externship and internship roles in the Circuit Court of Cook County.
Federal immigration representation nationwide
Mr. Messersmith is based at the Firm's Orlando, Florida office.
Because the practice is federal immigration law, representation is not limited to adjustment applicants living in Florida.
The Firm can represent eligible clients dealing with federal immigration agencies and tribunals including:
- U.S. Citizenship and Immigration Services;
- U.S. Department of State;
- U.S. Customs and Border Protection;
- U.S. Immigration and Customs Enforcement;
- Executive Office for Immigration Review; and
- Other federal agencies involved in immigration adjudication.
More than two decades of immigration practice
Mr. Messersmith was admitted to the Illinois bar in 2002 and has practiced continuously since that time.
Over that period, the Firm has represented clients in:
- Employment immigration;
- Family immigration;
- Green card matters;
- Visa waivers;
- Consular cases;
- Removal matters;
- Extraordinary ability and national interest waiver cases;
- Humanitarian immigration;
- Complex inadmissibility matters; and
- Adjustment of status.
The Firm's published biography and case-results materials document a substantial history of approved immigration matters.
See Case Results.
How an adjustment case is evaluated
A complex Form I-485 case should generally be approached in this order:
- Identify the immigrant classification.
- Determine which adjustment statute applies.
- Determine whether admission or parole is required.
- Identify every INA §245(c) bar.
- Identify statutory exemptions.
- Analyze INA §245(i) where relevant.
- Analyze INA §245(k) for qualifying employment cases.
- Confirm visa availability.
- Analyze every relevant INA §212 inadmissibility ground.
- Identify available waivers.
- Confirm USCIS or immigration judge jurisdiction.
- Evaluate evidence and burden of proof.
- Address adverse discretionary factors.
- Prepare the filing around the weakest legal issue rather than only the easiest forms.
A strong filing anticipates the questions that could otherwise become an RFE, NOID or denial.
When attorney review can be especially important
Legal review should be considered carefully when an adjustment case involves:
- Any prior arrest or criminal charge;
- Any prior immigration denial;
- Prior removal or expedited removal;
- Entry without inspection;
- Wave-through entry;
- Multiple entries and departures;
- Unlawful presence;
- Unauthorized employment;
- Prior status violation;
- Prior false statement;
- Suspected marriage fraud;
- Prior Form I-130 marriage case;
- Drug-related allegation;
- Security-related allegation;
- Pending removal proceedings;
- Prior I-485 denial;
- USCIS RFE or NOID;
- Death of petitioner;
- Employer withdrawal or termination; or
- Any circumstance in which the legal effect of the facts is unclear.
Professional information
Related INA245.com resources
Frequently asked questions
How long has Peter Messersmith practiced immigration law?
He has practiced law continuously since 2002, with his practice focused on U.S. immigration law.
Where is Peter Messersmith licensed?
He was admitted to practice law in Illinois in 2002 and maintains an active Illinois law license.
Can he represent adjustment applicants outside Florida?
Yes. U.S. immigration law is federal, and the Firm represents immigration clients nationwide.
Does the Firm handle difficult I-485 cases?
Yes. The practice includes adjustment matters involving inadmissibility, waivers, INA §245(i), INA §245(k), RFEs, NOIDs, denials and immigration court jurisdiction.
Does every adjustment case need an attorney?
No. But professional review can be especially valuable when the case involves prior immigration violations, arrests, inadmissibility, prior denials, unusual entries, removal proceedings or conflicting government records.
How can I discuss an adjustment case with the Firm?
Use the consultation page to request an appointment and provide the basic immigration history that needs to be evaluated.
Complex adjustment cases are rarely won by completing more forms. They are won by identifying the controlling legal issue, proving the necessary facts and addressing the problem before it becomes the basis for denial.
Peter Messersmith and The Messersmith Law Firm, P.A. represent adjustment applicants nationwide in family, employment, waiver, inadmissibility, RFE, NOID, denial and immigration court matters.
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