Green Card Holders With Criminal Issues Should Think Twice Before Traveling Abroad: New U.S. Supreme Court Decision Changes the Risk Analysis
For many lawful permanent residents, international travel is a routine part of life. Visiting family members overseas, attending weddings and funerals, conducting business, or simply taking a vacation are activities that most Green Card holders understandably expect to do without significant immigration consequences. However, a recent decision by the United States Supreme Court serves as…
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 “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…
New Public Charge Guidance: How the State Department’s Expanded Health and Financial Review May Affect Visa Applicants
Recent reporting confirms that the U.S. Department of State (DOS) has issued new internal guidance—via a cable distributed to consular posts worldwide—significantly expanding how consular officers evaluate visa applicants under the public charge ground of inadmissibility (INA §212(a)(4)). Although the statute itself has not changed, this directive reshapes the analysis by placing far heavier weight…
Unlawful Presence vs. Out of Status: What Every Immigrant Needs to Know
When it comes to U.S. immigration law, a common source of confusion is the difference between “unlawful presence” and “out of status.” These terms are not interchangeable – and knowing the difference can be the key to avoiding bars to reentry or serious immigration problems. Unlawful presence begins when you stay in the United States…
Consular Processing vs. Adjustment of Status: What is the Difference?
When you are applying for a green card, one of the first decisions you will have to make is whether to go through consular processing or adjustment of status. Both are paths to the same destination, getting your green card, but they work in very different ways. Adjustment of Status (AOS) Adjustment of status allows…
