Adjustment of Status

Recent Features

All Adjustment of Status Content

May 20, 2015

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may...

February 5, 2015
This Practice Advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.
August 18, 2014
A waiver of removal under INA § 212(h) is not available to an individual who committed an aggravated felony within five years of having previously been "admitted" to the United States as a lawful permanent resident. The Council, with AILA, filed amicus briefs in numerous Courts of Appeals, successfully arguing that the § 212(h) bar to waiver eligibility applies only to noncitizens who were admitted in LPR status at a port of entry, as distinct from those who adjusted to LPR status post-entry.
July 29, 2014

Last week, the federal district court issued its final approval of a settlement agreement

Duran Gonzalez is a Ninth Circuit-wide class action challenging DHS’ refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). In Perez-Gonzalez, the Ninth Circuit had said that individuals who had been removed or deported could apply for adjustment of status (under INA § 245(i)) along with an accompanying I-212 waiver application. In Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007), the Ninth Circuit overturned Perez-Gonzalez, deferring to the BIA’s holding that individuals who have previously been removed or deported are not eligible to apply for adjustment of status. See Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006). The Court subsequently said, however, that some plaintiffs may be able to establish that the new rule should not apply retroactively.
March 13, 2014

Last week, the American Immigration Council and Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief urging the court to find that noncitizens granted Temporary Protect

August 5, 2013
On June 26, 2013, the U.S. Supreme Court issued a landmark decision in United States v. Windsor, holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. This practice advisory highlights some of the issues LGBT families will face in a post-DOMA world.
April 5, 2012
This Practice Advisory describes the Supreme Court's decision in Vartelas v. Holder, holding that the Fleuti doctrine still applies to lawful permanent residents (LPRs) with pre-IIRIRA convictions. This means that LPRs with convictions before April 1, 1997 who travel abroad do not, upon their return, face inadmissibility if their trip was brief, casual and innocent. The Advisory offers strategies for LPRs who are affected by the decision and discusses some of the decision's other potential favorable impacts.
June 29, 2011

Washington, D.C.—The Legal Action Center of the American Immigration Council applauds the Board of Immigration Appeals (Board) for advancing family unity in its June 23, 2011 decision,

September 3, 2008
Following DHS's adoption of an interim regulation that gave USCIS jurisdiction over the adjustment application of an "arriving alien" in removal proceedings, the Council filed amicus briefs with the BIA and Federal Courts challenging the BIA's general refusal to reopen removal proceedings so that an "arriving alien" with an unexecuted final order could adjust with USCIS. The BIA rejected our arguments in Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). Meanwhile, however, USCIS made clear that it retained jurisdiction over these cases despite the final order.

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending