The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). (ii) If the qualifying visa petition or application for labor certification was filed after January 14, 1998, the alien must have been physically present in the United States on December 21, 2000. (1) The Service shall note the date that the medical service begins (provided the physician already had work authorization at the time the Form I-140 was filed) or the date that an employment authorization document was issued. Home; Title 8 PART 245.
The officer should clearly annotate the favorable factors in the file. (i) Is received not later than March 31, 2000, at the Nebraska Service Center, the Board, or the Immigration Court having jurisdiction;(3) An immigration judge or the Board may not grant a motion to re-open or stay in connection with an application under this section.
Extreme hardship is evaluated on a case-by-case basis, taking into account the particular facts and circumstances of each case.
(iv) The date, manner, and place of each return to the United States. Such evidence may include, but is not limited to, documentation or affidavits showing that the applicant's parents have been continuously employed outside the United States, are deceased, disappeared, or abandoned the applicant prior to the applicant's arrival, or were otherwise engaged in activities showing that they were not in the United States, or (if they have been in the United States) that the applicant and his or her parents did not reside together.
Fingerprinting will be scheduled upon the physician's completion of the required years of service. The traveloutside of the United States by an applicant for adjustment ofstatus, who is not under exclusion, deportation, or removalproceeding and who is in lawful K-3 or K-4 status shall not bedeemed an abandonment of the application if, upon returning to thiscountry, the alien is in possession of a valid K-3 or K-4 visa andremains eligible for K-3 or K-4 status. (B) For qualifying family members who are physically present in the United States, if the Form I-929 is approved, USCIS will forward notice of the approval to the U-1 principal applicant. Title 8 - Aliens and Nationality Chapter I - DEPARTMENT OF HOMELAND SECURITY Subchapter B - IMMIGRATION REGULATIONS Part 245 - ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE. Factors may include, but are not limited to:The discretionary analysis is the final step in the adjudication. Any applications pending with the Service before December 29, 1981 must be resubmitted to comply with the requirements of this section.
AE 2.106/3:8/ Contained Within. In the event of an objection by the Assistant Attorney General, Criminal Division, the matter will be expeditiously referred to the Deputy Attorney General for a final resolution.
Examples of such other documentation include, but are not limited to:(i) Evidence noted in paragraph (h) of this section that is available at the second anniversary of the I-140 approval. (a) … In no circumstances shall the alien or the relevant LEA have a right of appeal from any decision to deny. The officer should also annotate the file regarding any consultations that supported the approval in complex or difficult cases. Examples of documentation establishing physical presence on December 21, 2000, may include, but are not limited to:(ii) An alien present in the United States who is subject to a final order of exclusion, deportation, or removal and has been denied adjustment of status under section 902 of HRIFA by the Immigration Court or the Board, or who never applied for adjustment of status with the Service, an Immigration Court, or the Board on or before March 31, 2000, and who was made eligible for HRIFA benefits under the Legal Immigration Family Equity Act of 2000 (LIFE Act) and LIFE amendments, Public Law 106-553 and Public Law 106-554, respectively, may file a motion to reopen with either the Immigration Court or the Board, whichever had jurisdiction last.