ADJUST STATUS IN THE UNITED STATES

By: Norka M. Schell, Esq.
Nov. 08, 2023

Once upon a time, in the land of endless possibilities, there was a young woman named Maria who dreamed of creating a new life for herself in the United States. She had heard stories of the American Dream, and opportunities. With determination in her heart, Maria set out on a journey that would change her life forever.

Maria arrived in the United States with a student visa, eager to pursue higher education. She studied diligently, excelling in her classes, and dreaming of the day when she could call America her home. However, as time went on, she faced a dilemma – her student visa was about to expire, and she could feel her dreams slipping away.

But Maria refused to give up. She started researching different ways to adjust her status and discovered the path of employment sponsorship. With renewed hope, she tirelessly searched for a job opportunity that would persuade an employer to sponsor her and help her stay in the country.

Days turned into weeks, and weeks into months, but Maria’s optimism never wavered. She revamped her resume, and reached out to various companies, and networked with professionals in her field. Her efforts soon paid off when she received an invitation for an interview with a prestigious company.

Dressed in her best suit and with a big smile on her face, Maria walked into the interview room, ready to leave a lasting impression. She confidently showcased her skills, shared her passion for the chosen field, and heightened her determination to contribute to the growth of the organization. The interviewers were captivated by Maria’s enthusiasm and drive, and within a few days, she received the coveted job offered.

With this job offer in hand, Maria began the processing of adjusting her status from nonimmigrant to immigrant. Though there were paperwork and legalities to navigate, Maria remained steadfast and optimistic. She sought the guidance of the immigration attorney Norka M. Schell who helped her to understand and navigate the intricacies of the adjustment of status process from non-immigrant to immigrant. With each completed form, and every document submitted, Maria felt closer to achieving her dreams.

Months rolled by, and Maria’s excitement turned to anticipation as she received news that her application for adjustment of status had been approved. She did a happy dance, joyous tears streaming down her face. Finally, her dream of calling America her home was becoming reality.

Maria’s story is just one example of countless individuals who immigration attorney Norka M. Schell helped to navigate the complex path of adjusting their status in the United States. It requires determination, resilience, and optimism in the face of uncertainty. But for those who dare to dream and believe, the American Dream can become a tangible reality.
The story of Maria reminds us that with the right mindset, any obstacle can be conquered, and dreams can be transformed into beautiful realities.

Biden Administration and Immigration in 2022

CNN — How many times has the Biden White House had an unresolved conflict between idealism and pragmatism on the issue of immigration? How many times has it hesitated to take action, opting instead for political messaging? The sad answer to both questions is: every time.

Most of the officials appointed by President Joe Biden to work on immigration have resigned in frustration, according to a bombshell report from The New York Times in April. “The White House has been divided by furious debates over how – and whether – to proceed in the face of a surge of migrants crossing the southwest border,” the report said.

Some wanted more openness to immigrants of all kinds. Others wanted a coherent set of rules to be applied to the millions of people at the border. And some others wanted a compromise with Republicans to create a new merit-based, green-card system. They all got nothing.

A new report from the Department of Homeland Security for August confirmed over 2 million border apprehensions and expulsions this year so far. Previously, the United States only experienced more than 1 1/2 million apprehensions a few times in its history: during the late 1990s and then in 2021. At the current pace, that record could be doubled by the end of this year. And next year, if no policies change, it could double again…

Open border chaos increases human trafficking and drug trafficking. It turns what should be a foreign policy strength into a national security weakness.

When we ponder what Biden should do to address the immigration mess at the border, the honest answer is: something, anything. Because the status quo of playing politics while seemingly ignoring policy is not only politically divisive, but it’s also missing a golden opportunity.

Biden should take advantage of his moment in history to boldly reform American refugee policy. He could, at the stroke of a pen, redefine how many refugees are allowed into the United States by taking advantage of the distinction our laws make between those granted temporary protection and those awarded permanent residency.

Editor’s Note: Tim Kane is the president of the American Lyceum and a visiting fellow at the Hoover Institution. His most recent book is “The Immigrant Superpower.” The views expressed in this commentary are his own. View more opinion on CNN.https://www.cnn.com/2022/10/05/opinions/immigration-policy-biden-administration-kane/index.html

The Current State Of The DACA Program

On Oct. 5, the U.S. Court of Appeals for the Fifth Circuit issued a decision on the 2012 Deferred Action for Child Arrivals (DACA) policy. The court partially affirmed the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DHS DACA regulation published on Aug. 30, 2022 and scheduled to go into effect on Oct. 31, 2022.

At this time, this ruling does not affect current grants of DACA and related Employment Authorization Documents. Consistent with the court’s order [PDF] (PDF) and the ongoing partial stay, we will continue to accept and process renewal DACA requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients, and will continue to accept but not process initial DACA requests.

The Department of Homeland Security (DHS) today announced the Deferred Action for Childhood Arrivals (DACA) final rule, which has been posted for public inspection on the Federal Register’s website. The final rule generally codifies existing policies with limited amendments to preserve and fortify DACA. The final rule is effective Oct. 31, 2022.