Can an alien file for Adjustment of Status after a visa entry if have a prior 212(a)(2)(C) denial?
Yes, USCIS has independent authority to adjudicate an I-485 and is not bound by the consulate's prior 212(a)(2)(C) finding. Note, however, that...
San Diego, CA
Immigration Lawyer at San Diego, CA
Practice Areas: Immigration
Yes, USCIS has independent authority to adjudicate an I-485 and is not bound by the consulate's prior 212(a)(2)(C) finding. Note, however, that...
Your H-4 status is entirely derivative of your husband's H-1B. He is not legally obligated under immigration law to include you in his extension...
Yes, you can remain in the U.S. while your timely-filed H-4 to F-1 change of status (COS) application is pending, even after your H-4 expires in...
The T-based path normally offers stronger waiver protection than a marriage-based adjustment would, but for different reasons than the question...
While such concurrent filings are legally permissible, they create real adjudicative risk during a divorce. Consequently, the optimal sequencing...
Either one can update the contact/mailing information at the NVC stage: it does not necessarily have to be only the petitioner.
A letter alone won't fix this, and in some respects it could hurt you. If you're forgoing the N-336 appeal and planning to re-file the N-400, the...
Based on the facts you've described, I would seriously consider filing a motion to terminate proceedings once you have documentation showing that...
Yes, you can travel while your N-400 is pending. A one-month trip from early July to early August generally poses no problem, provided you remain a...
Again, your wife's I-94 was correctly issued. CBP cuts I-94 validity to the passport expiration date, so the July 1, 2026 admit-until date was not...