Immigration

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Recently, a woman consulted with me about her brother’s immigration situation.  Years ago, their father petitioned both of them while their father was still an immigrant.  The father later naturalized, resulting in their petitions being “automatically converted” from single adult child of immigrant (F-2B) to single adult child of US citizen (F-1).

When a person is placed in removal/deportation, they typically go in front of the immigration judge (IJ) to demonstrate why they should not be deported or removed, such as they are immediately eligible for a green card (through an approved petition by a citizen spouse, or other petition with a current priority date), they are entitled to some form of waiver, etc.

Dear Atty. Gurfinkel: I am out of status, but my employer filed a labor certification for me in 2006. The I-140 petition was approved, and the priority date is now current. I want to file for adjustment of status and get work authorization right away, but am being told I need to wait for an amnesty. What can’t I file for adjustment now, since my priority is already current?

To be considered eligible for a national interest waiver petition, the job must be an advanced degree (Master's position) and the benefit this teacher is providing must be national in scope.

Dear Atty. Gurfinkel: Years ago, I entered the US under a different names but have been law-abiding and paying my taxes since then.  My child, who was born in the US, will be celebrating his 21st birthday soon.  I would like my child to petition me so I can finally get a green card.  I think my case is simple and straightforward, and I don't think I need the assistance of an attorney.  Do you think there will be any problems with my case?

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