Her employer has sponsored her (and her children derivatively) for lawful permanent residence via the Labor Certification process. That application. initially filed prior to April 30. 2001. has been certified by the U.S. Department of Labor and an Immigrant Workers Visa Classification Petition has been pending with INS since July. 2003. An INS General Counsels Memo advises INS Government Attorneys to no longer apply the "exceptional and compelling circumstances" standard to motions to reopen for consideration of adjustment of status to lawful permanent residence for persons who have been in deportation proceedings. The Memo instructs that the INS should join in such a motion (which otherwise could not be filed if more than 3 months have expired since the decision of the Board of Immigration Appeals) if the alien is statutorily eligible and warrants a favorable exercise of discretion. Judiths attorneys have twice requested the INS Chief Counsels Office in Baltimore to join in such a motion in this case. Since Judiths labor certification was timely filed to allow her to adjust her status to permanent residence. she is statutorily eligible.
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Visa Immigrant deportation Immigration