Client’s application for adjustment of status was denied 5 years ago on the basis that his age was over 21 and he was no longer a derivative of his parent’s approved petition. Client contacted attorney Chelico for representation. Attorney Chelico reviewed the case and determined that pursuant to a recent memorandum by USCIS, Client was eligible to apply for a motion to reopen and request that the previous denial be set aside. Attorney Chelico filed the motion to reopen, requested that the filng fee be waived due to a service error, and requested that the case be reopened and that Client’s previous application for adjustment of status be approved.
The motion to reopen was granted and Client received his lawful permanent resident status in less than 4 months.