USCIS has discretion to permit immediate relative VWP overstays to adjust status regardless of when the I-485 is filed

USCIS has discretion to permit immediate relative VWP overstays to adjust status regardless of when the I-485 is filed.

Guidance on handling of AOS cases interviewed at USCIS field offices

USCIS 1/11/11 interim memo for comment provides guidance on handling of AOS cases interviewed at USCIS field offices that have been impacted by visa retrogression. The memo is in effect until further notice.

Treatment of Religious Worker I-360

USCIS 11/9/10 policy memo on the treatment of religious worker I-360/I-485 concurrent filings in light of the Ninth Circuit’s mandate overturning the injunction in Ruiz-Diaz v. U.S. The interim memo published by USCIS for comment follows the final memo.

Help HAITI Act of 2010 Implementation

USCIS 12/21/10 interim memo for comment provides guidance on processing applications for adjustment of status filed under the Help HAITI Act of 2010. The memo is in effect until further notice. Please email comments to opefeedback@uscis.dhs.gov. Comments are due 1/14/11.

Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presence ing a U.S. birth certificate

The court found Petitioner ineligible for AOS for presenting a U.S. birth certificate in attempting to enter, and ineligible for cancellation because physical presence was interrupted when he withdrew his application for admission. (Valadez-Munoz v. Holder, 10/28/10)

Limitations on Adjustment of Status for K-1 Visas

Addressing but rejecting a number of arguments, the court held that Petitioner, who entered the U.S. on a K-1 visa but failed to marry the petitioning fiancé was not eligible for adjustment of status under INA §245. (Kalal v. Gonzales, 3/30/05)

Can an illegal who married a USC can adjust status?

I have a friend who has been illegal for over 10 years. He wants to get married to an American Citizen. Can he adjust status? – Avvo.com http://ping.fm/gy1PR

Had an I-485 interview last month but to date no response from the USCIS

I was interviewed a month ago on my 485 should I be concerned that I havne’t heard back from the CIS yet? – Avvo.com http://ping.fm/voUBg

Can I Adjust my status?

Can Mary adjust status (I-485) while http://ping.fm/NupF3

For how long can you recshedule an interview for an AOS?

For how long can you recshedule an interview for an AOS? – Avvo.com http://ping.fm/jk610

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