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Forever Waiting: Optimizing The Adjustment

by Christina LaBrie, et al.

Citations for ILW.COM's Seminar
Forever Waiting: Optimizing The Adjustment

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

From Christina LaBrie

  1. Perez-Vargas v. Gonzales, 23 I&N Dec. 829 (BIA 2005) reversed 478 F.3d 191 (4th Cir. 2007)
  2. Sung v. Keisler, (5th Cir. Oct. 22, 2007)(The immigration judge has jurisdiction to determine whether an approved employment-based visa qualifies for portability under INA 204(j))
  3. Matter of [redacted], Administrative Appeals Office (October 18, 2005)(I-140 must be approved in order to invoke AOS portability provisions).
  4. Available at:
  5. Memorandum, Michael R. Yates, Associate Director for Operations, USCIS (May 12, 2005)("Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by AC21")
  6. NOTE: Today, USCIS issued a Press Release indicating the current Form I-765 will be accepted through July 8, 2008. Available here

From Romulo Guevara

  1. "Dual Intent" for Hs and Ls : INA 214(h)
  2. Validity of EADs even after AOS denial (separate revocation/denial of EAD required):
    8 C.F.R. 274a.13(c)
  3. AILA TSC Liaison Minutes: AILA InfoNet Doc No. 08021563 (Feb 15, 2008)
  4. INS Memorandum, "AFM Update: Revision of March 14, 2000 Dual Intent Memorandum," by Thomas Cook, HQADJ 70/2.8.6, 2.8.12, 10.18 (May 25, 2000)
  5. INS Memorandum, "Special Considerations for Adjustment of Status Applicants," by Paul Virtue (August 5, 1997)
  6. Regulations that permit PR process while on E or O visa

  7. 8 C.F.R. 214.2(e)(5)
    8 C.F.R. 214.2(o)(13)

About The Author

Christina LaBrie are the speakers for Forever Waiting: Optimizing The Adjustment. To purchase an audio CD of all 3 sessions, see here.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.