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Normally, in order to adjust status to permanent residence in the United States, you must have a lawful admission, parole, or inspection. If you entered the United States without inspection and are married to a U.S. citizen (or are a stepchild of a U.S. citizen), you might be able to benefit from the program. If you entered without inspection, the program might allow you to adjust status without having to leave the United States using a process called parole in place (PIP).

Nathan Crystal recently drafted an insightful article for his SC Lawyer "Ethics Watch" column offering some good criticism of the recent ABA opinion on trust accounts: "The ABA Sets Tough (and Perhaps Unsound) Standards for Advance Payment of Legal Fees." Perhaps I'll write more on this later, but for now I'll say that I agree with Nathan that the ABA Opinion 505 is too restrictive. That said, I am not a fan of "nonrefundable" fees.

Immigration lawyers: Should you respond when another attorney notifies you of their intention to file motion based upon ineffective assistance under Matter of Lozada, 19 I&N Dec. 637 (BIA 1988)?

Conflicts of interest issues are frequent in immigration law, in part because dual representation is common. While it would be hard to say that we discuss this topic too much in immigration law, the reality is focusing on conflicts takes time that could be devoted to other issues.

The conflicts rules can be extremely complex, and they sometimes involve difficult judgment calls. Foundational to the analysis is the proper classification of potential clients, prospective clients, clients, and former clients. Lawyers’ obligations to current clients are the most strict and burdensome; former clients are owed less protection; and the protections of prospective clients are the least restrictive.

Mail: It might be possible to have the mail temporarily forwarded to your home by the postal service.  Check the rules carefully to see what will be […]