Can Clients Apply for Adjustment Even When Out of Status? - Recording (.MP3)

Can Clients Apply for Adjustment Even When Out of Status? - Recording (.MP3)

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Recorded 2/16/2017
CLE Eligible Yes
Length 90 min.
Format MP3
SKU AS2017-02-16-DL

Generally, your client must be in lawful status in order to file an application for adjustment of status (AOS). However, there are exceptions to the rule. The speakers will discuss the various options potentially available in both the family and business immigration contexts.

Featured Topics

  • Legal Status Versus Authorized Status
  • Categories Eligible for AOS: Visa Number Availability
  • AOS Scenarios: Visa and Visa Waiver Admission, Parole (Including “Arriving Aliens”), EWI, Parole-in-Place, INA §245(i) Coverage, TPS, and DACA
  • Adjustment in Family-Based Immigration: Marriage to a USC Versus an LPR
  • Adjustment in Employment-Based Immigration: INA §245(k) as Exception
  • Cross-Chargeability: The Sometimes Overlooked Solution

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Jodi Goodwin (DL), Harlingen, TX
Jodi Goodwin practices immigration law in the trenches on the border in Harlingen, TX. Since 1995, she has represented thousands of asylum seekers, economic migrants, long-term permanent residents, businesses, families, and U.S. citizens in immigration and nationality matters. Jodi also represents immigrants and U.S. citizens in federal court in both criminal and civil proceedings. She has many accolades, including “Texas Super Lawyer” and Texas Lawyer’s “Top Notch Immigration Lawyer.” Her most coveted achievement was being awarded the Arthur C. Helton Award for Advancing Human Rights in 2007. Jodi is a past chair of the AILA Texas Chapter. She also chaired the Cameron and Willacy County Subcommittee of the Unauthorized Practice of Law Committee for the Texas Supreme Court from 1998 to 2015. She is an advisory member of the ABA’s Commission on Immigration and a member of IMMLAW, the national consortium of immigration lawyers.

Ted Farrell, Louisville, KY
Ted Farrell is an immigration attorney who is admitted to practice in Kentucky, the U.S. District Court in the Western District of Kentucky, and the U.S. Court of Appeals for the Sixth Circuit. He graduated from Dartmouth College, earned a Ph.D. in English at the University of Virginia, and a J.D. from the University of Louisville. Ted taught for many years at Hanover College in Indiana, where he served as director of international programs, before beginning his immigration law practice in 2010. Ted represents clients in a wide range of immigration matters, including employment-based visas, investor visas, family-based immigration, naturalization, removal defense, and visas for crime victims. He has represented clients before USCIS, the AAO, EOIR, the BIA, the U.S. Department of State, the Sixth Circuit, and in Kentucky state courts. He speaks English, French, and Spanish.

Daniel McCreary, Chicago, IL
Daniel McCreary graduated from the University of Wisconsin-Madison with a bachelor of arts degree in Spanish in 2000. He graduated from The John Marshall Law School in Chicago, IL, with a J.D. cum laude, in 2007. While in law school, Dan was a member of the Law Review. He has been an AILA member since 2009. Dan opened McCreary Law Offices, P.C., in May 2015. He has practiced immigration law for nine years, focusing primarily on family-based residency, citizenship, and deportation defense. In his spare time, Dan volunteers with the Pro Bono Network at senior citizen clinics preparing wills and powers of attorney for property and healthcare.

The speaker's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided in the written materials are based on the speaker's experiences and current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and the speaker's experiences may differ from your own.

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