Supreme Court Immigration Decisions: What They Mean for Immigrant Families
Editor’s Note: This article is the second in a two-part series examining the major immigration decisions issued by the U.S. Supreme Court during its recently completed term. If you have not already done so, you may also want to read our companion article, The Supreme Court Preserves Birthright Citizenship: What Trump v. Barbara Means for…
When the Past Comes Back in a Green Card Case
When people come to my office to discuss obtaining a Green Card through a spouse or another qualifying family member, they are usually focused on the future. They’re thinking about building a life together, becoming a lawful permanent resident, and eventually applying for U.S. citizenship. Before we can confidently move forward, however, I also want…
Why Are Some I-751 Cases Interviewed While Others Are Not?
A common question I hear from I-751 petitioners is, “Why did my friend get approved without an interview, but I was scheduled for one?” Unfortunately, there is not always a simple answer. Some petitions are approved without an interview, others result in extensive in-person questioning, and sometimes two cases that look almost identical on paper…
The Little Things That Often Become Big Immigration Problems
One of the reasons I enjoy practicing immigration law is that no two cases are exactly alike. Even when two clients appear to have very similar situations, the details are almost always different. After working in this field for over 30 years, having had the benefit of working with thousands of immigrants, and after reading…
What Online Immigration Forums Can Teach Us – And What They Can’t
People are sometimes surprised when I tell them that I occasionally browse Reddit, Facebook groups, and other online immigration forums. As an attorney, I’m obviously not looking there for legal authority or official guidance. But I do think those communities have value. They give me a real-time look at what applicants are experiencing, what they’re…
What Does USCIS Mean by a “Good Faith Marriage” in an I-751 Case?
One of the most common misconceptions I encounter in I-751 cases is the belief that a failed marriage automatically means a failed immigration case. That is not really how the law works. In many I-751 consultations, I speak with people who are genuinely panicked because: Many assume USCIS is trying to determine whether the marriage…
What Does “Discretion” Mean in an Adjustment of Status Case?
In two recent posts, I wrote about the new USCIS policy memorandum describing Adjustment of Status as a form of “extraordinary relief,” and then about the possible legal challenges to that policy. This post focuses on the practical question underneath the entire issue: What does discretion actually mean in an Adjustment of Status case? That…
The Real Legal Fight Over the New USCIS Adjustment of Status Memo
Last week, I wrote about USCIS’s new policy memorandum reframing Adjustment of Status (“AOS”) as a form of discretionary relief that should only be granted in “extraordinary” circumstances. At the time, the biggest concern was practical. Immigration lawyers were trying to figure out whether USCIS officers would begin viewing ordinary family-based adjustment cases differently than…
Adjustment of Status vs. Consular Processing: Which Path Is Safer for Your Family?
In most family immigration cases, there are two possible paths. One is Adjustment of Status, where the green card process happens inside the United States. The other is Consular Processing, where the immigrant attends an interview at a U.S. embassy or consulate abroad. Both paths should lead to lawful permanent residence, but each process is…
USCIS Reframes Adjustment of Status as “Extraordinary Relief”
For decades, adjustment of status has been one of the most important features of the U.S. immigration system. It allows many individuals who are already lawfully present, or otherwise eligible under the Immigration and Nationality Act, to become lawful permanent residents without leaving the United States for an immigrant visa interview abroad. That process has…
