III. Sr Para / New Atty: Adjustment of Status

Question 1

What are the basic requirements of 245(a)?

Answer 1

• -Admission or parole
• -Admissible
• -Visa currently available

Question 2

What are the requirements for 245(i)?

Answer 2

–Petition filed before 1998

OR

–Petition filed b/t 1998 and April 25, 2001 + 12/21/2001 physical presence

Question 3

What civil documents must be submitted to the NVC for spouse beneficiaries?

Answer 3

• -Marriage certificate
• -Prior divorce/annulment decrees or death certificate
• -Birth certificate of immigrant
• -Certified disposition
• -Statute of conviction
• -Police certificate or place holder
• -Military records if served
• -Passport ID page

Question 4

What evidence is required for an I-864 sponsor?

Answer 4

• -LPR or USC evidence
• -US domicile
• -Most recent federal tax transcript
• -W-2s and 1099s for individual sponsor if married-joint taxes
• **RIG also requires six months of paystubs or employer letter

Question 5

Who is issued conditional residence?

Answer 5

Those married less than two years

At time of issuance of residence / admission on IV

Question 6

When can you file to remove conditions of residence?

Answer 6

Within 90 days
Prior

Expiration

Question 7

How can you qualify to remove conditions?

Answer 7

Joint filing with spouse, or
Waiver of joint filing requirement

• -Good faith marriage, ended/ending in divorce
• -VAWA extreme cruelty or battery (no divorce required)
• -Hardship (no good faith marriage requirement)

Question 8

Who is a grandfathered noncitizen?

Answer 8

The principal or derivative beneficiary of a qualifying immigration visa petition or a qualifying labor certification application filed after January 14, 1998 and on or before April 30, 2001.

Question 9

What are the qualifying immigrant visa petitions for 245i?

Answer 9

I-130
I-140
I-360
I-526
ETA form 750

Question 10

Who is considered a derivative beneficiary for 245i?

Answer 10

Only spouse and children.

Question 11

What must be included in a 245(m) affidavit?

Answer 11

• -Why want to stay
• -Continued willingness to cooperate
• -Confirmation of dates of travel on U, if any
• -Explanation for why didn’t have valid passport for the entire time in U status, if applicable
• -Confirmation that have not been requested to participate since the original certification signed

Question 12

What are the requirements of 245(m)?

Answer 12

Three years of continuous presence in U status

Question 13

What doctors perform the I-693?

Answer 13

Civil surgeons

Question 14

How long are I-693s valid?

Answer 14

• -4 years

- -Must be submitted within 60 days of doctor’s signature

Question 15

What section do asylees use to adjust?

Answer 15

209 NOT 245!

Bonus: Why is this important? They aren’t eligible for c9 EADs.