Written by attorney Marina N. Alexandrovich

Section 245 Adjustment of Status for a person that is out of status and has a timely filed asylum

This guide addresses the common situation in which USCIS denies AOS unless eligibility is briefed under Matter of Orban, AAU Newark Dec. 23, 1993, where AOS is sought by the asylum applicant who filed I-589 while in status, then fell out of status, and adjusts not through a US citizen.

Additional resources provided by the author

In re L-K-, 23 I&N Dec. 677 (BIA 2004) Matter of Orban, AAU, Newark Dec. 23, 1993. Matter of F-P-R-, 24 I&N Dec. 681 (BIA 2008)

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