Archive for the ‘Adjustment of Status’ Category

No COS/EOS Notation on I-94

Hello, we are a couple from Europe, Lithuania, we are 48 years old. We had a B1, B2 Visa for ten years. The last time we came to America, August 24.2010. Visa is valid until August 25 , 2010. We received a migration authorization (Form I-94) until November 15, 2010, with the words: “Stay Limited […]

Green Card Holder Sponsors Wife’s Adjustment of Status but Dies Before Approval

My husband was a green card holder filed AOS based on 245(i) for me on April of 2001.  My husband died recently; I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad. I was told that my AOS application was “dead” since the petitioner-my husband, not a USC, […]

Posted on August 25, 2012 at 1:17 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: 245(i), Adjustment of Status · Tagged with: ,

I-485 Denied Due to Missed Biometrics Appointment

we were denied status adjustment and legal residence and travel (my wife) and they have told her she has 30 days to leave the country. we filed all paperwork and they said they sent us letters asking for additional information which we never got the first one. We then got a second letter we went into the […]

Adjustment v Consular Processing

I just got my Green Card. May my wife, who is currently in Germany, adjust her status to permanent resident? Adjustment of status application can only be filed by persons in the US. She will need to consular process her application. This simply means that she will need to apply through the State Department and the Embassy […]

H1B Renewal While Adjustment of Status is Pending

I am now in an H1B status and it will expire in a month. I already filed an I-485 adjustment of status and my I-140 after the I-140 was approved. I also have an EAD card which is valid for another 9 months and I know I can extend it. Do I still need to extend my […]

Posted on August 23, 2012 at 6:22 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: Adjustment of Status, H-1B Visa · Tagged with: ,

I-360 for a Widow of Permanent Resident

My husband was a green card holder filed AOS based on 245(i) for me on April of 2001.  My husband died recently and I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad. I was told that my AOS application was denied since the petitioner-my husband, not a USC, […]

Posted on August 23, 2012 at 6:16 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: 245(i), Adjustment of Status · Tagged with: ,

I-485 Approvals Before Priority Date is Current According to Latest Visa Bulletin

In the past couple months, we have been seeing some client obtain I-485 approvals where their priority date is not current.  This is contrary to the law and may lead to a future revocation.  The USCIS Service Centers are willing to allow an informal application to rescind the approval and allow the person to retain […]