INA §204(j) Allows Aliens to Adjudicate Adjustment of Status while in Removal Proceedings

INA §204(j) Allows Aliens to Adjudicate Adjustment of Status while in Removal Proceedings

In Sung v. Keisler, 505 F.3d 372 (5th Cir. 2007), the 5th Circuit held that an Immigration Judge has jurisdiction over a § 204(j) determination as part of the adjudication of an adjustment of status application. In so holding, the Fifth Circuit adopted in full the reasoning of the Fourth Circuit in Perez-Vargas v. Gonzales, 478 F.3d 191 (4th Cir. 2007) (see discussion below). The Fifth Circuit granted the Sungs’ petition for review and remanded their case for reconsideration of the adjustment application.

Should you need assistance in filing an adjustment of status application or an employment based immigrant petition, please contact our Houston Employment Based Immigration Lawyers and our Houston Work Visa Attorneys at 713-492-0337.

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