Immigration and Nationality Act (237(a)(1)(H) gives the Immigration Judge the discretion to waive the removal of an immigrant who procured a visa through fraud or misrepresentation. In making a discretionary finding, the Immigration Judge had to balance the alien's undesirability as a permanent resident with the social and humane consideration present. The law requires the alien to have a qualifying relative who does not have to be alive when the deportation proceedings are initiated.

The Attorney General has discretion to grant applications for adjustment of status. A successful case requires not only good arguments but also credible, well organized and presented evidence. I did an extensive research and wrote compelling legal arguments. But these would have been useless if I did not have credible evidence to back them up.

The process for determining the age of the child beneficiary – either direct or derivative – under the CSPA is more complicated. The statutory formula for these cases is that the child’s age will freeze as of the date that a visa number becomes available for the petition in question reduced by the number of days that the petition was pending, but only if the child seeks to acquire the status of an LPR within one year of the date the visa became available. CSPA §3; U.S.C. §§ 1153(h)(1) and (2).

Porting is used when a foreign national changes his or her H-1B employer. In order to port or to change employer, the foreign national must meet certain requirements, including the requirement that the new petition must be filed while the alien is in a “period of stay authorized by the Attorney General (POSABAG).”

Adjustment of Status is the most exciting process for most aliens because this is the last and final step in the process of obtaining a legal permanent resident status in the United States. This part of the process belongs not only to the applicant alien but also to his or her accompanying dependents such as spouse and unmarried children under the age of 21. The following are the frequently asked questions in adjustment cases.

Emotional abuse is often ignored and undetected because it leaves no visible trails. Most of my clients who need help with their conditional resident status as spouse of U.S. citizens were victims of emotional abuse, but they did not realize it until they spoke with me. They did not know that our immigration laws protect them from abusive relationships. In this article we will discuss extreme cruelty as a form of abuse and what legal options they have under our immigration laws.