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Arriving Aliens and Motions to Reopen and Reconsider

Can an arriving alien apply for adjustment of status?

Arriving Aliens and Motions to Reopen, with a narrow anomaly not related to this case, the United States Citizenship and Immigration Services (“USCIS”) has full jurisdiction to judge an arriving alien’s application for adjustment of status under 8 C.F.R. § 245.2(a)(1) (2009) and agrees that it retains jurisdiction to settle the application even where an partial administratively final order of removal remains excellent, with regard to untimely or number-barred transit to reopen, the Board will not generally exercise its discretion to reopen proceedings sua sponte for an arriving alien to pursue adjustment of status before the USCIS.

Arriving Aliens and Motions to Reopen