(Part 1)
Adjustment of Status (AOS) in Removal Proceedings
Who Qualifies?
- Immediate relatives of U.S. citizens, certain VAWA self-petitioners, and others with an approved underlying petition may ask the Immigration Judge (IJ) to adjudicate—or allow USCIS to adjudicate—Form I-485. INA §245 and 8 C.F.R. §1245 govern.
- Arriving aliens: A January 16, 202,5, DHS rule confirms they remain eligible if USCIS, not the IJ, has jurisdiction.
Step-by-Step Process & Typical Timeline
- Secure the underlying approval (e.g., Form I-130).
- File Form I-485 with EOIR filing fees (currently $1,440 $2,940; fee waivers via Form I-912).
- Master calendar hearing: pleadings and preliminary matters.
- Merits/individual hearing: testimony, submission of medical exam (I-693) and bona fide marriage evidence.
- Decision: oral or written; IJ may reserve.
Real-world timing: 18–36 months given current 1.9 million-case backlog (EOIR data, June 2025).
2024-25 Policy Updates
- Fee hikes under the 2025 “Big, Beautiful Bill” raised I-485-EOIR fees by 15 %.
- The new EOIR e-filing portal is now mandatory for represented respondents as of April 2025.
Evidence Checklist
- Proof of qualifying relationship (marriage cert., birth cert.)
- Proof of lawful entry if required (I-94, CBP FOIA)
- I-864 Affidavit of Support & 2024 tax returns
- Police clearances
Risks & Practical Tips
- Beware of the marriage-during-proceedings bar—file Form I-130 with bona fide evidence and await the second anniversary if needed.
- Criminal arrests—even those that are dismissed—require certified dispositions; failure to do so triggers continuances or denial.
Next Steps
Request a strategy session before filing; each case turns on venue, docket speed, and inadmissibility factors.
Last updated July 2025. Regulations change frequently—contact us for a personalized assessment.
This information is for educational purposes only and does not constitute legal advice.
(Part 2)
Temporary Protected Status (TPS) as a Shield in Court
Eligibility Snapshot
TPS is statutory humanitarian protection for nationals of designated countries facing war, disaster, or extraordinary conditions (INA §244). A grant halts removal and provides work authorization.
Filing from the Courtroom
- File Form I-821 & I-765 with USCIS; move the IJ for a continuance under Matter of Sanchez.
- On approval, the IJ should administratively close or terminate.
2024-25 Updates
- May 30 2025 USCIS notice extends EADs issued before Feb 5 2025 by up to 540 days while litigation continues.
- July 2025 Fourth Circuit decision allows DHS to rescind certain designations—making rapid re-registration vital.
Evidence Checklist
- Country-specific identity docs (passport, national ID)
- Continuous residence proof since the statutory date (lease, taxes)
- Criminal court records (even traffic)
Risks & Tips
- TPS revocation leads to case recalendaring; keep address current.
- Advance parole misuse can break continuous presence.
Next Steps
Consult before the next re-registration window to preserve work authorization and avoid in absentia removal.
Last updated July 2025. Regulations change frequently—contact us for a personalized assessment.
This information is for educational purposes only and does not constitute legal advice.
(Part 3)
Waivers of Inadmissibility & BIA Appeals – How We Protect Your Path to a Green Card
When USCIS or the Immigration Court finds you “inadmissible” under INA § 212—because of unlawful presence, fraud, certain criminal convictions, or a prior removal—your case stops unless you first win a waiver of inadmissibility. If an Immigration Judge later denies that waiver (or any other relief), you still have a lifeline: an appeal to the Board of Immigration Appeals (BIA). Below is an at-a-glance guide to both tools, along with an overview of how our firm guides you through them.
1. Common Waiver Solutions We File
Form What It Fixes Statute USCIS Filing
Form | What It Fixes | Statute | USCIS Filing Fee* |
I-601 | Crimes, fraud/misrepresentation, health & other INA § 212 grounds | §212(h)/(i) |
|
I-601A (Provisional) | Unlawful-presence bar for family members who will finish processing abroad | §212(a)(9)(B)(v) | $795 |
I-212 | Re-entry after removal or deportation | §212(a)(9)(A)/(C) | $1,175 |
* Court surcharge: If the waiver is adjudicated in Immigration Court, an additional $2,100 EOIR fee applies to Form I-601.
Fees change regularly—always verify before filing.
2. Who Qualifies?
- Qualifying relative hardship – most I-601/I-601A applicants must prove “extreme hardship” to a U.S.-citizen or LPR spouse or parent.
- No disqualifying crimes – certain aggravated felonies and drug offenses are permanently barred.
- Favorable equities – length of U.S. residence, rehabilitation, and community ties weigh heavily in USCIS discretion.
- Physical presence (I-601A) – you must be in the U.S. for biometrics at the time of filing.
3. How We Help
- Eligibility audit – pinpoint every ground of inadmissibility and the best waiver strategy.
- Evidence building – gather medical, financial, and psychological documentation to prove hardship.
- Form & fee accuracy – we prepare all forms, track fee updates, and request waivers when available.
- Hearing advocacy – if your case is in Immigration Court, we argue the waiver before the IJ and, if needed, seek administrative closure or termination for I-601A processing.
- Consular follow-through – coordinate with the National Visa Center and consulates to avoid surprises abroad.
4. Appealing to the BIA
Key Step | Rule / Current Fee |
Notice of Appeal | Form EOIR-26 must be filed within 30 days of the IJ’s decision. 8 C.F.R. §1003.38(b) |
Filing Fee | $1,010 per appeal (effective July 17 2025, under the One Big Beautiful Bill Act). |
Scope of Review | The BIA reviews legal errors de novo and factual findings for clear error; new evidence is rarely accepted. |
Processing Time | Typically 9–14 months; expedited briefing may shorten this window. |
Who can appeal?
Any party—respondent or DHS—may appeal a final IJ decision on legal, factual, or discretionary grounds.
5. 2025 Practice Highlights
- Expanded hardship guidance (Feb 2025): USCIS now lists additional medical and financial documents that satisfy the “extreme hardship” standard.
- Tele-testimony: EOIR allows qualifying relatives to testify by phone, reducing travel costs and delays.
- Annual fee reviews: Both USCIS and EOIR will adjust fees each fiscal year under HR-1/OBBBA—stay alert.
6. Take the Next Step
A missed deadline or the wrong evidence can derail your immigration future. Our attorneys:
- Assess all waiver options in a single consultation
- Draft persuasive legal briefs and hardship affidavits
- Handle BIA briefing and stay requests to keep you in the U.S. during appeal
Last updated July 2025.
Regulations and fees change frequently—contact us for a personalized assessment.
This information is provided for educational purposes only and does not constitute legal advice.
(Part 4)
Motions to Reopen & Reconsider
Definitions
- Motion to Reopen (MTR): presents new facts unavailable at trial.
- Motion to Reconsider (MTC): alleges legal or factual error in IJ/BIA decision. EOIR Practice Manual §5.7.
Deadlines & Limits
- Filed within 30 days (MTC) or 90 days (MTR) of final order, barring changed-country-conditions or joint motions.
- Only one motion is allowed unless exceptions apply.
2025 Updates
- Filing fee now $900 $1,010.00 (unless waived) under July 2025 fee rule.
- ECAS portal auto-calculates page limits to curb “megabriefs.”
Building a Strong Record
- Sworn declarations + corroborating evidence dated after the final order.
- Country-condition evidence: DOS
Human Rights Report (post-order).
- Ineffective-assistance claims require a Lozada affidavit.
Practical Tips
- Request a simultaneous stay of removal to avoid deportation during pendency.
- Joint motions with OPLA speed approval; negotiate before filing.
Last updated July 2025. Regulations change frequently—contact us for a personalized assessment.
This information is for educational purposes only and does not constitute legal advice.
(Part 5)
Motion to Terminate Removal Proceedings
- Mandatory: e.g., approved I-360 VAWA, TPS grant, or naturalization of the respondent.
- Discretionary: prosecutorial discretion, eligibility for provisional waiver, or defective NTA. ILRC practice advisory (Feb 2025).
Procedure
- Serve motion on OPLA; include evidence and legal memo.
- Cite statutes/regs authorizing termination (8 C.F.R. §1239.2(c)).
- IJ may schedule a short hearing; DHS may oppose or join.
2024-25 Trends
- Post-provisional waiver grant: streamlined terminations codified in EOIR memo April 2025.
- Defective Notice-to-Appear arguments remain viable after SCOTUS decisions (Niz-Chavez, 2021) and recent BIA case law.
Evidence Checklist
- Provisional-waiver approval notice
- Updated FBI background check
- DHS email or memo indicating no opposition
Risks & Tips
- If termination is denied, request administrative closure as a fallback.
- Confirm voluntary-departure clocks; termination stops the clock but does not rescind prior unlawful presence.
Last updated July 2025. Regulations change frequently—contact us for a personalized assessment.
This information is for educational purposes only and does not constitute legal advice.