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Immigration Daily

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Legal Citations for ILW.COM's Seminar
"Adjusting Your Thinking: Who Can, Who Can't and Who Shouldn't Adjust Status"
with H. Ronald Klasko, William A. Stock and Tammy Fox-Isicoff
Part 1 held on January 25th, 2002

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

General cites:
* 245 of the Act is at

* 8 CFR Part 245 is at

* The two recent Paparelli articles ("Never say 'i'" and "Moveable Feast")

Older treatments of the topic include:
* Stanley Mailman, "The New Adjustment of Status Law: Background and Analysis," 71
Interpreter Releases 1505 (1994)

* David Neal, "The Changing Dynamics of Adjustment of Status: Part One" and "The Changing Dynamics of Adjustment of Status: Part Two,"
Immigration Briefings 95-05 and 95-06

Cases cited:
* Reid v. INS, 420 US 619 (1975) (false claim to U.S. citizenship at inspection renders entry an "entry without inspection")

* Matter of Wong, 12 I&N Dec 733 (BIA 1968) (same)

* Matter of Areguillin, 18 I&N Dec 308 (BIA 1980) ("inspection and admission" includes presenting one's self to an INS inspector and being allowed entry, even if no information was provided by the applicant to the inspector)

Memoranda cited:
* June 29, 2001 memo by Michael Cronin on AC21

* May 9, 2001 memo by Michael Pearson on transferring section 245 applications to new or subsequent family or employment based immigrant visa petitions

* May 15, 2001 letter from Pearl Chang to Ron Klasko

Cites On Travel by adjustment applicants:
* 8 C.F.R. 245.2(a)(4)(ii)

* INS Adjudicators Field Manual, Appendix 23-4

* Memorandum from Michael D. Cronin, Acting Associate Commissioner, Office of Programs dated May 16, 2000 (HQADJ 70/2, 8.6, 2.8.12, 16. 18), 77 Int. Rel. 677 (May 22, 2000)

* Memorandum from Robert L. Bach, Executive Associate Commissioner, Office of Policy and Planning (HQADJ 70/2,8.6, 2.8.12, 10.18). 76 Int. Rel. 1243 (August 16, 1999)

Cites on Extensions by adjustment applicants:
* 8 C.F.R. 214.2(h)(16)

* 8 C.F.R. 214.2(l)(16)

* Memorandum from Office of Programs dated August 5, 1997 (HQ70/6.2.5, 70/6.2.9, 70/6.2.12, 70/23.1, 120/17.2), 74 Int. Rel. 1226 (August 11, 1997)