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 practice guide addresses the common enough situation in which USCIS denies AOS unless eligibility is briefed under Matter of Orban, AAU Newark Dec. 23, 1993 - where AOS 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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