Tuesday, February 15, 2011

USCIS To Issue Single Card For EAD And Advanced Parole

Over the weekend, USCIS announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an application to Register Permanent Residence or Adjust Status with Form I-485.  Up until now, CIS has issued cards for employment authorization and a separate piece  of paper permitting travel.  The new single card will look like the current employment authorization card.  This action was taken for security reasons and because the new cards will be more durable.

Sunday, February 13, 2011

Adjustment After Entering with a False Identity

In 1988 Pedro and his wife Mari entered the U.S. using the passports and visas of close friends. A year later, they sent for their 8 year old son, Luis. Luis entered as an unaccompanied minor, also with the passport and visa of another individual. Luis remained in the US and is now 30 years old and engaged to a U.S. citizen. Neither Luis nor his parents have ever attempted to file for a green card. Is there any hope for Luis in terms of immigration? Will he be able to file an I-130 and I-485 based on his marriage to a U.S. citizen?

While the answer to the question has been in a legal state of flux, it is now clear that there is hope. The controlling decision on this matter, found in Matter of Areguillin, 17 I & N Dec. 308 (BIA 1980), and recently reaffirmed in Matter of Quilantan, Int. Dec. 3688, 25 I & N Dec. 285 (BIA 2010), held that where an applicant provides sufficient credible evidence that s/he presented his or herself for inspection at the border, and did not make a false claim to U.S. citizenship, s/he was lawfully admitted when the inspecting officer makes the determination that s/he is not inadmissible and permits him or her to pass in to the U.S.

Accordingly, even though the passport and visa used by Luis bore a false name, under precedent, the use of the passport and visa, sufficiently established an inspection and admission for purposes of the INA. For this reason, once he marries his U.S. citizen fiancé, he will be permitted to adjust his status.