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September 8, 2010

Adjustment of Status Under Section 245(i)

Decided September 1, 2010

U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

An alien is not independently “grandfathered” for purposes of adjustment of status under
section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply
by virtue of marriage to another alien who is “grandfathered” under section 245(i) as the result of having been a derivative beneficiary of a visa petition.


September 7, 2010


--- The U.S. Department of State has sent a new visa telegram to consular posts, providing them with more information on the new fee for Eletronic System for Travel Authorizatio (ESTA).
For more information see htt:/travel.state.gov.

---DHS expands Employment Authorization for Dependents of Foreign Officials classified as A-1, A-2, G-1, G-3, and G-4 nonimmigrats. See 75-Fed. Reg. 47699.

---An extended quote from Judge Sporkin’s decision, which found unlawful a consular manual distributed throughout American visa posts in Brazil: "The Consulate had established various policies, which all officers were required to follow in adjudicating eligibility for nonimmigrant visas. Some of the policies focused on the applicant’s physical appearance and economic status. According to the Consulate’s manual: It is helpful to circle doubtful items on the [visa application form] so that other officers have an idea of why the applicant was g-ed [This is probably a reference to Immigration and Nationality Act § 221(g), a catch-all ground of visa refusal]. Officers sometimes use abbreviations on the forms: RK = Rich kid LP = Looks poor TP = Talks poor LR = Looks rough TC = Take care . . . Some of the stated reasons for the denial of visas included: “Slimy looking[;] wears jacket on shoulders w/ earring,” . . . “LP. . . “LP!!!!!,” . . . (emphasis in original); “LR”. . . (emphasis in original); “Look Really Poor,”. . . “L[ooks] Scary,”... “Bad Appearance. Talks POOR,” . . . (emphasis in original); and “Looks + talks poor.” Id."

---USCIS implements H-1B and L-1 fee increase according to Public Law 111-230. http://www.uscis.gov