Eligibility
Can I adjust status?
Review admission or parole, visa availability, admissibility, and the other requirements that may affect eligibility under INA §245(a).
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.
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.
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.
Eligibility
INA §245(a)
Admission, parole, immigrant visa eligibility, admissibility, and visa availability.
Bars
INA §245(c)
Unauthorized employment, unlawful status, Visa Waiver admission, and statutory exemptions.
Adverse Action
RFEs, NOIDs & Denials
Motions, refiling, removal proceedings, jurisdiction, and post denial remedies.
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.