Adjustment of status (AOS) in the United States immigration context is the process that allows eligible individuals who are already present in the U.S. to apply for lawful permanent resident (LPR) status (a Green Card) without having to leave the country.

This process is distinct from consular processing, which is the alternative route where individuals apply for their Green Card from outside the United States at a U.S. consulate or embassy.

Adjustment of status can be a complex process, and consulting with an experienced immigration attorney is strongly recommended to determine your eligibility and navigate the process successfully.

Advance parole is a valuable tool for individuals navigating the complexities of the U.S. immigration system, allowing them to attend to important matters abroad without jeopardizing their pending immigration applications.

Advance parole is a document issued by U.S. Citizenship and Immigration Services (USCIS) that allows certain non-citizens living in the United States to travel abroad temporarily and then re-enter the country legally.

The primary purpose of advance parole is to protect individuals with pending immigration applications (such as adjustment of status or asylum applications) from having their applications considered abandoned if they leave the U.S. while their case is being processed.
Consulting with an experienced immigration attorney is strongly recommended to determine your eligibility and navigate the process successfully, especially because it is not a guarantee of re-entry.

Advance parole allows you to travel back to the U.S. without applying for a visa, but it does not guarantee re-entry. CBP officers have the final say on admission at the port of entry.

If you disagree with a decision made by an Immigration Judge (IJ), you generally have the right to appeal that decision to the Board of Immigration Appeals (BIA). The BIA is the highest administrative body within the Department of Justice that reviews decisions of immigration courts and, in some cases, the Department of Homeland Security (DHS).
Immigration appeals have strict deadlines, so it's crucial to consult with an immigration attorney as soon as possible after receiving an unfavorable decision.

The bond redetermination process in immigration court allows individuals detained by the Department of Homeland Security (DHS) to have an immigration judge review the initial bond amount set or the decision to deny bond.

Not all individuals are eligible for release from custody. Some fall within the mandatory detention category.

Generally, ICE makes an initial custody determination; however, during this current administration, this is often not done. If the individual is denied bond or feels the initial bond amount is too high, they can request that an Immigration Judge review the custody decision at a bond redetermination hearing. The Immigration Judge considers whether the individual poses a danger to the community or is a flight risk.

If either the individual or DHS disagrees with the judge's decision, an appeal can be filed with the Board of Immigration Appeals (BIA) within 30 days. A stay of release can be filed by DHS that requires the individual to remain in custody during the pendency of the appeal.

Cancellation of removal is a discretionary remedy available to individuals in removal proceedings before an immigration judge, which can prevent deportation and allow them to remain in the United States.

There are different standards for qualification based on whether an individual is a Lawful Permanent Resident (LPR), a Non-Lawful Permanent Resident (Non-LPR), or a victim of domestic violence qualifying under the Violence Against Women Act (VAWA).

Prior Policy: In the past, individuals with approved TPS status used to seek travel authorization through advance parole by filing Form I-131. However, this policy has changed.

New Policy (as of July 1, 2022): USCIS no longer issues advance parole to individuals with approved TPS status, according to the American Immigration Council. Instead, they now issue a specific travel authorization document, Form I-512T, titled "Authorization for Travel by a Noncitizen to the United States."

Difference: While both advance parole and TPS travel authorization allow individuals to travel abroad and return, the key difference is in how they are processed upon return. Individuals returning on TPS travel authorization are considered to have been "admitted" back into TPS, whereas those on advance parole are "paroled" into the U.S. This distinction can be relevant for certain immigration processes, such as adjustment of status. However, it's important to note that both "admitted" and "paroled" entries can potentially meet the threshold requirement for adjustment of status under § 245(a) of the Immigration and Nationality Act.

Naturalization is the process by which a foreign citizen or national can voluntarily become a U.S. citizen. To be eligible for naturalization, applicants must meet specific requirements established by the Immigration and Nationality Act (INA).

Consular processing is one of the two main pathways for individuals seeking to become lawful permanent residents (green card holders) in the United States, particularly when they are outside the U.S. when their immigrant visa petition is approved. The alternative, adjustment of status, is typically for those already residing within the United States.

Once the petition is approved it is transferred to the National Visa Center. The NVC manages the collection of fees, forms (like Form DS-260, the online immigrant visa application), and supporting documents, such as civil documents (birth certificates, marriage certificates, police certificates) and financial evidence (Affidavit of Support).

Once the NVC deems the application complete and an immigrant visa is available (based on visa category and priority date), the NVC schedules an interview with a consular officer at the appropriate U.S. embassy or consulate in the applicant's home country.

The intersection of criminal and immigration law is complex. Non-citizens facing criminal charges should seek legal advice from a lawyer experienced in both criminal and immigration law to understand the potential consequences and explore any available options for relief. Early legal intervention can be crucial in mitigating the severe immigration consequences of criminal convictions.

Criminal convictions can have significant and long-lasting negative consequences for non-citizens in the U.S., impacting their ability to enter, remain in, or become citizens of the country. These consequences vary depending on the individual's immigration status, the nature of the crime, and when it occurred.

The deportation process is complex, and individuals facing removal proceedings should seek legal counsel from an immigration attorney to understand their rights and available defenses.

Deportation, also known as "removal," is the legal process by which the U.S. government removes a foreign national (non-citizen) from the country for violating immigration laws. The process can vary depending on the circumstances, but typically involves these key stages:

• Expedited Removal: Quick deportation of certain individuals, particularly those apprehended at or near the border without proper documentation.

• Reinstatement of Removal: Applies to individuals who have been previously deported and illegally re-entered the U.S.

Derivative citizenship is a legal concept in U.S. immigration law that allows individuals, particularly children, to automatically become U.S. citizens through their parents, rather than through their own independent naturalization process.

This is distinct from citizenship acquired at birth (for example, by being born on U.S. soil or to U.S. citizens abroad, also called acquired citizenship) or gained through the naturalization process (applying for citizenship as an adult).

An Employment Authorization Document (EAD), often called a "work permit" or "EAD card," is a card issued by USCIS that grants certain non-U.S. citizens legal permission to work in the United States for a specific period.

Not everyone needs an EAD. For example, U.S. citizens and lawful permanent residents (Green Card holders) are generally authorized to work based on their status and typically don't need a separate EAD.

EADs have expiration dates, and renewal applications should be filed in advance to avoid a lapse in work authorization.

An EAD only authorizes work within the U.S. and is not a travel document. Individuals who need to travel abroad while their immigration case is pending may require advance parole.

Family immigration is a process that allows U.S. citizens and lawful permanent residents (Green Card holders) to sponsor certain family members to come and live permanently in the United States. The goal is family reunification, and it accounts for a large portion of legal immigration each year.

The attorney will need to know the intending immigrant’s complete criminal and immigration history before beginning any of the various avenues for immigration.

A fiancé visa is a nonimmigrant visa for a foreign national to travel to the United States to marry a U.S. citizen. They must marry within 90 days of admission to the country. The purpose is to allow for a bona fide marriage to a U.S. citizen, after which the foreign spouse and children can apply for lawful permanent resident status (a Green Card). Prior to filing the couple must meet in person. Then, the U.S. citizen can file a petition with USCIS

Writ of Mandamus: Used to force the government to make a decision on your case. Specifically, you can file in Federal Court to compel USCIS or a U.S. consulate to adjudicate your immigration application or petition.

Writ of Habeas Corpus in the immigration context: Protects individuals against unlawful detention, ensuring due process and safeguarding rights. Habeas petitions can be used to:

• Challenge unlawful detention.

• Contest prolonged detention.

• Seek a bond hearing.

• Address mistreatment or unlawful detention conditions.

• Challenge expedited removal in limited cases.

• Compel release after reopening a case.

• Address unconstitutional or otherwise unlawful detention.

It is essential that you have a complete record of your criminal history. FBI criminal history results can be helpful in requesting release if taken into immigration custody. It is imperative that you list all arrests on applications submitted to USCIS or the Immigration Court. Your attorney will need to know and understand your complete criminal history in order to make strategic decisions in your case.

Customs and Border Protection (CBP): FOIA requests allow individuals to obtain records held by CBP, including travel history, detention records, and secondary inspection records.
USCIS: The most common FOIA request is for a copy of your A-File (Alien File), which contains a comprehensive record of your immigration history. This is critical for appeals, new applications, or verifying previous filings.
Having access to these records allows applicants and attorneys to prepare stronger cases and address issues proactively.

Inadmissibility refers to specific reasons under the Immigration and Nationality Act (INA) why an individual is ineligible to enter the United States, be admitted as a lawful permanent resident, or obtain certain immigration benefits.

Consequences include visa denial, denial of admission, or placement in removal proceedings.

Many grounds of inadmissibility can be waived, depending on the case. Some cannot (e.g., drug trafficking, terrorism).

Lawful Permanent Resident (LPR) status allows foreign nationals to live and work permanently in the U.S. with most of the rights of U.S. citizens, except voting and holding certain offices.

LPR status can be revoked if abandoned or if immigration laws are violated.

LPRs can apply for U.S. citizenship after typically 5 years (or 3 years if married to a U.S. citizen).

Marriage-based immigration provides a pathway to permanent residency for foreign spouses of U.S. citizens or LPRs.

The marriage must be legally valid and bona fide. Same-sex marriages are recognized.

A marriage-based Green Card allows the foreign spouse to live and work in the U.S., and may lead to naturalization eligibility.

The BIA handles various types of motions, such as motions to reopen, reconsider, or address other procedural matters related to immigration appeals. Legal counsel is strongly recommended.

Military Parole in Place (PIP) provides temporary legal status, work authorization, and a potential path to a Green Card for certain undocumented family members of U.S. service members and veterans.

It helps maintain family unity, supports military readiness, and can facilitate adjustment of status.

The removal of conditional resident status is required for individuals who initially receive a conditional Green Card (usually through marriage or investment). Filing Form I-751 transitions the Green Card from conditional to permanent (10 years).

Failure to file can result in loss of status and removal proceedings.

Green Cards must be renewed every 10 years. LPR status itself does not expire, but the physical card does.

When USCIS issues a Request for Evidence (RFE), applicants must provide additional documentation by the specified deadline.
Failure to respond will likely result in denial.

SIJS provides a path to permanent residency for minors who have been abused, abandoned, or neglected and cannot safely return to their home countries.

A predicate state court order is required.

TPS provides temporary protection from deportation for nationals of designated countries facing unsafe conditions (conflict, disasters, etc.).
It includes work authorization and re-registration requirements, but does not lead directly to permanent residency.

U visas provide temporary status and work authorization to victims of qualifying crimes who assist law enforcement.

Applicants must show substantial harm, cooperation with authorities, and obtain law enforcement certification.

VAWA allows survivors of domestic violence (spouses, children, or parents of U.S. citizens or LPRs) to self-petition for immigration benefits without the abuser’s involvement.

It provides a pathway to permanent residency and work authorization, with confidentiality protections.

Waivers forgive certain immigration violations that would otherwise make an applicant ineligible for benefits.

They are discretionary and often require proving “extreme hardship” to a U.S. citizen or LPR relative.