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Adjustment of Status Archives

White House says immigration reform push will come this month

According to a recent statement by a White House spokesman, the Obama Administration will spearhead a push for immigration reform in the United States by the end of January. The plan of action is aimed at making good on the President's re-election campaign promise of immigration reform.

Part 1: The long and difficult road to legal immigration

This week, USA Today featured an inside look at the legal immigration process foreign nationals must go through before entering the country, becoming permanent residents or eventually becoming a naturalized U.S. citizen. The article said that it's a long road, often filled with detours and potholes.

Feds have new system for expired visa holders

A few years back, a person staying beyond the limits of their visas could pretty much go unnoticed. However, yesterday the feds reported that they are taking a new approach to people who overstay their welcome using recently developed databases.

Adjustment of status not available to aliens in transit without visa

DID YOU KNOW that adjustment of status is not available to foreign nationals who have layovers in the United States before traveling to their final destination out of the country if they choose not to leave the country unless they have secured a "C" visa prior to entry into the United States. Our office receives inquiries from time to time asking if aliens entering the United States in transit to another country may adjust their status to a lawful permanent resident (holder of a green card) if they decide not to leave the United States during a brief layover or wait for their flight to a destination out of the country. The simple answer is no. Without a visa, the immigration laws of the United States will not permit an alien to circumvent the normal immigrant visa process by entering in transit without a visa ("TWOV"). No adjustment of status is available to such aliens even if they are or become eligible for permanent residence. Aliens who enter as TWOVs must return to their country of origin or to the country where they last resided to secure immigrant visas and will not be allowed to remain in the United States while their immigrant visa is processed abroad.

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