Adjustment of Status for "Arriving Aliens"

This Practice Advisory explains why USCIS has jurisdiction over adjustment applications of an arriving alien parolee with an unexecuted final order of removal. It also outlines the arguments why such a parolee remains eligible for adjustment notwithstanding an unexecuted final order of removal. This Practice Advisory supplements an earlier practice advisory addressing the adjustment of paroled “arriving aliens” under the interim regulations adopted on May 12, 2006.

Published On: Thursday, November 6, 2008 | Download File

This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all “arriving aliens” from adjusting status if they are in removal proceedings. This advisory provides a brief history leading to the rule, defines key terms, discusses the impact of the rule, and suggests steps that a parolee can take to benefit from the rule.

Published On: Wednesday, November 5, 2008 | Download File