We represented a Computer Software Engineer and his spouse. USCIS denied the applicant’s Form I-485 because his former employer withdrew his previously approved I-140 petition when the applicant moved to a different employer.
This policy memorandum (PM) temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status and temporary residence applicants.This PM updates the Adjudicator’s Field Manual (AFM) by revising Chapter 40.1(c), (AFM Update AD 13-13). The guidance contained in this PM is controlling and supersedes any prior guidance on the subject.
Click the attachment to read more about the memorandum.
One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.
The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own.
This policy memorandum (PM) provides guidance on the adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). This PM updates the Adjudicator’s Field Manual (AFM) by adding a new section (j) to Chapter 10.3 and 23.5 (AFM Update AD11-30).
For more details on the memorandum please click the attachment
We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.
We represented a technology consulting services corporation and a Senior Programmer Analyst employed by the firm.
We represented a consulting company and their employee, a Senior Quality Assurance Analyst. USDOL had denied PERM certification after an audit holding that we had failed to submit tear sheets from our Sunday advertisements. We filed the appropriate motion establishing that it was highly likely, if not certain, that the tear sheets were in fact submitted. We provided evidence from our files, affidavits, and proof of our firm’s normal business practice.The case was approved in less than three weeks.