Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Monday, November 30, 2009

The Maze of AOS

     When a foreigner is in the U.S., she becomes a legal permanent resident through adjustment of status (AOS), whether the petitioner is a family member or an employer.  The details of AOS are such that it reminds me of a maze.  Start:  must be in legal status.  Twist:  unless foreigner is "245(i) grandfathered" (more on this another day) or another exception applies.  Continue:  must never have worked in the U.S. without authorization.  Twist:  unless the case is based on employment and the foreigner did not work without authorization for more than 180 days in the aggregate since last entry. 

     Continue:  the visa number must be available.  Twist:  the visa number may have been available but has now retrogressed so that it has become unavailable.  Continue:  visa numbers are always available for immediate relatives, including children, of U.S. citizens.  Twist:  Visa numbers are not available for married children -- by definition including a person under 21 years old -- of U.S. citizens.  Surprise:  only a competent immigration professional can guide someone out.

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