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Legal Citations for ILW.COM's Seminar
"Adjusting Your Thinking: Who Can, Who Can't and Who Shouldn't Adjust Status"
with H. Ronald Klasko, William A. Stock and Tammy Fox-Isicoff
Part 2 held on February 25th, 2002

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Citations for Tammy Fox-Isicoff’s presentation:
* 8 CFR 245 (i) published in Federal Register Vol. 66, No. 58, pp. 16383 et. Seq.
* Memorandum from Robert L. Bach dated June 10, 1999 (HQ 70/23.1-P, HQ 70/8-P)
* 8 CFR 204.1(c) (proper filing of petition)
* 8 CFR 204.1(d) (proper filing of petition)
* Memorandum from Pearl Chang dated May 16, 2001 (HQ AND 70/23.1)
* 8 CFR 245(j) published in Federal Register Vol. 66, No. 58, pp. 16383 et. Seq.
* Joint Memorandum Concerning the Legal Immigration Family Equity Act of 2000 and the LIFE Act Amendments of 2000 by Senators Kennedy and Abraham
* Whitehouse Proposed Guidelines for the Implementation of section 245(i) Extension
* 8 CFR 245(n) published in Federal Register Vol. 66, no. 58 pp. 16383 et. Seq.

Citations for H. Ronald Klasko’s presentation:
Statutory Sections:
* INA §245(a)
* INA § 245(c)(2)
* INA § 245(c)(7)
* INA § 245(c)(8)
* INA § 245(k)

Regulatory Sections:
* 8 C.F.R. §214.1(c)(4) -- untimely change of nonimmigrant status
* 8 C.F.R. §245.1(b)(6) -- no fault of the applicant or technical reasons for violation of status
* 8 C.F.R. §245.1(b)(10) -- unauthorized employment or violation of status
* 8 C.F.R. §245.1(d)(1) -- lawful immigration status
* 8 C.F.R. §245.1(d)(2) -- no fault of the applicant or technical reasons

* Memorandum from Office of Examinations Dated December 20, 1996 (HQ50/5.12-1 96 ACT.010; HQ70/23-P) (Subject: IIRAIRA Provisions Affecting INA Section 245 * Adjustment Eligibility) -- 245(c)(7) and (8)
* Memorandum from Office of Examinations Dated May 1, 1997 (HQ50/5.12-96 ACT.034) (Subject: Processing of section 245(i) adjustment applications on or after the October 1, 1997 sunset date; Clarification regarding the applicability of certain new grounds of inadmissibility to 245(i) applications) -- 245(c)(7) and (8)
* Memorandum from Office of Programs Dated August 5, 1997 (HQ70/6.2.5, 70/6.2.9, 70/6.2.12, 70/23.1, 120/17.2) (Subject: Special Considerations for Adjustment of Status Applicants: Maintenance of E, H or L Nonimmigrant Status; Continued Validity of Unexpired Nonimmigrant Employment Authorizations) -- 245(c)(8)
* Memorandum from Office of Adjudications dated March 20, 1998 (HQ70/23.1-P 96-ACT.003) (Subject: Clarification regarding the effective date of benefits under section 245(k) of the Immigration and Nationality Act) -- 245(k)
* INS General Counsel List of Resolved Issues dated December 10, 1999 -- 245(k)

Citations for William Stock’s presentation:
* For the proposition that adjustment should generally be granted in the exercise of discretion if there are no adverse factors and statutory eligibility has been shown: Matter of Arai, 13 I&N Dec. 494 (BIA 1970)
* For a listing of discretionary factors generally: Matter of Edwards, 20 I&N Dec. 191 (BIA 1990) (212(c) context)
* For a discussion of reviewing adjustments in District Court if the person is not placed in proceedings, with citations, see 4 Gordon, Mailman & Yale-Loehr, Immigration Law and Procedure, Sec. 51.06[2][f]

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