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Listserv Q&A for
"Advanced Issues In Adjustment Of Status"

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  1. Any EWI can adjust by marrying USC? How?
  2. Is it better for asylee who has filed I-485 and is waiting in line to file separate AOS packet upon marrying USC? How to explain to BCIS where two I485 are concurrently pending?
  3. Long time alien (after failure to prosecute prior I-130/I-485 b/c divorce from former spouse) now is married to another USC. He was inspected as B2 over 10 years ago. Should I still file I-130/I-485 packet for him? He wants to travel from California to New York to see inlaws. Any problems w/ traveling domestically? He is not in removal proceeding. Will filing such an AOS packet alert the Court to put him in proceeding so that he can apply for cancellation of removal?

Thank you for your responses.

Answer by Ronald Klasko:

  1. An EWI alien can only apply for adjustment of status as an immediate relative if he qualifies under section 245(i). Otherwise, the lack of being inspected and admitted precludes adjustment of status.
  2. It is often better and quicker for asylee who has filed an I-485 to file a separate adjustment application based upon marriage to a U.S. citizen.
  3. The alien described as eligible to file I-130/I-485. This assumes the previous marriage was bona fide. There is no problems with domestic travel. The filing of the adjustment would not normally result in the initiation of removal proceedings.