Can immigration judge grant adjustment of status for arriving alien (some one entered in US on Advance Parole)

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Can immigration judge grant adjustment of status for arriving alien (some one entered in US on Advance Parole)

Anonymous Oct 20, 2012 Immigration 3 views 4 answers

I entered in US in 2003 on advance parole. Latter USCIS denied the I 485 application due to discretion based on domestic violence conviction. I divorced in 2004. Remarried in 2005. My US citizen wife filed I 130 which was approved in 2006. Immigration judge found that I am an arriving alien and she entered a removal order in 2010. BIA upheld the ruling in 2012. Now we appealed in Federal Court of appeal saying that immigration judge has jurisdiction on arriving alien. Till now USCIS has denied three adjustment applications one from past marriage and two from current marriage due to discretion. I have two US born children and my all family is US citizen. Is there any other legal option available. Can I apply for cancellation of removal. can we suit CIS for abuse of discretion..

Robert Henry BeerImmigration AttorneyMarietta, GA · Answer 1 · 2026-06-15T10:40:01+00:00

Maybe you need post conviction relief to eliminate your domestic violence conviction, Maybe you need to speak to your attorney assuming you have one.. If not, you NEED one. You are NOT going to get your answer here. Each case is very CASE SPECIFIC.. I can be reached at either (770)955-785 or via e-mail at [email protected]. Hope this helps. Wishing you well. THINK IMMIGRATION - TIME BOB BEER.

F Capriotti 2793192.Html · Answer 2 · 2026-06-15T10:40:01+00:00

F Capriotti 2793192.Html

F Capriotti 2793192.Html · Jun 15, 2026

I agree with Mr. Beer.

0 upvotes

Natalia Polukhtin · Answer 3 · 2026-06-15T10:40:01+00:00

You need to start with finding a good criminal defense attorney to work with you on modifying your criminal conviction. In addition, it is unclear which court reviews your case now, but if your case is remanded to the immigration court, you will need an experienced immigration lawyer to get you a favorable exercise of a discretion.

Sonya Nicole CampbellImmigration AttorneyClarkston, GA · Answer 4 · 2026-06-15T10:40:01+00:00

As my colleagues have suggested, probably your first best step would be to retain a good criminal defense attorney (preferably one who handles both immigration and criminal matters), in your jurisdiction, to find out whether or not your criminal conviction may be vacated...

Can immigration judge grant adjustment of status for arriving alien (some one entered in US on Advance Parole)

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