USCIS began to have jurisdiction over applicants who is an

arriving alien, and who was placed in removal proceedings starting from May 12, 2006.

Arriving alien refers to those who entered US illegal, either caught or not. Because under INA, they were never admissible at the port of entry.

BIA (Board of Immigration appeals) is no longer adjudicating cases filed simply because applicant wanted a MOR to file their 485 or wanted to close the removal proceedings even if the applicants had visa petitions approved and PD was current.

The only case of an arriving alien in the hands of IJ (immigration judge)for 485 purpose is those who traveled outside of US on a AP and got back but 485 was subsequently denied.

As for those who were married to a USC, even if they entered w/o inpsection, they still can get their LPR.
Saw cases in this category.

The recent change of law has put most of the eggs in USCIS basket, however, it is pure discretion. Not sure how those cases turn out in the hands of DAOs. Most of them is still pending.

所有跟帖： 

• As my understanding,removel procedure mean CIS refer -xiaobaitu- ♀ (363 bytes) () 08/31/2006 postreply 10:53:34

• The regulations 8 CFR 245.1(c8) and 1245.1(c)(8) that put juridi -mytwocents- ♂ (399 bytes) () 08/31/2006 postreply 12:13:22

• 8.C.F.R 245.1 has been appealed. -howdy- ♂ (2254 bytes) () 08/31/2006 postreply 21:12:28

• Sorry, 8.C.F.R 245.1 has been repealled (not appealed). -howdy- ♂ (0 bytes) () 08/31/2006 postreply 21:14:40