https://www.law.cornell.edu/cfr/text/8/212.5

Bing, your client, wants to know whether leaving on advance parole, Form I-131 Application for Travel Document, counts as a "departure" for purposes of the INA? Why might this matter? What are the consequences if it does count as a departure and what are the consequences if it does not? 

First Set of Adjustment of Status Hypos
(Schitt’s Creek)

Question 1: David entered the U.S. without inspection when he was 13 years old in 2005. He worked under the table to make ends meet. He was granted DACA in 2012 when he was 20, which he has renewed ever since. In 2020, he traveled on advance parole to visit a sick relative in Jamaica. David recently married his longtime boyfriend, Patrick, who is an LPR. Can David adjust his status?

Question 2: Johnny first came to the US on a valid visitor visa in the 2000s. He stayed in the US after his visa expired and continued working without authorization. Johnny eventually met and married Moira, who is a US Citizen. Can he adjust his status?  

Question 3: Alexis entered the United States five years ago with a tourist visa and had permission to stay for 30 days. She has not left since that date. She has worked illegally. She just married Mutt, who is a US Citizen and active duty service member of the military.

Second Set of Adjustment of Status Hypos
(Seinfeld)

1. Jerry entered the U.S. without inspection four years ago. He has gotten married and is now eligible for an immigrant visa as the spouse of a U.S. citizen.
   
   Can Jerry adjust status?
   
   
   
   
2. Elaine entered on a B2 tourist visa many years ago. She is married to an LPR and has waited for many years for her visa to be current.  She is currently eligible for an immigrant visa.  She tells you that several years ago she worked briefly in a restaurant, off the books.
   
   Can Elaine adjust status?
   
   

3. George is a 21-year-old noncitizen lawfully in the U.S. on a student (F-1) visa.  His mother just became an LPR by virtue of a marriage to a U.S. citizen.  George is authorized to remain for the duration of his student status, which is expected to last another two years.  George’s mother has just petitioned for an immigrant visa for him.
   
   What advice would you give George about how the process will unfold?  Can he remain in the U.S. while waiting for his priority date to become current?
   
   

4. Kramer has a 23-year-old son who is a U.S. citizen. Kramer tells you he came here as a student many years ago, but soon afterward stopped taking classes; then he worked as a bartender, off the books.
   
   Can Kramer adjust status?
   
   

5. Newman entered without inspection in 1999 and has worked under the table at various jobs since then. In 2000, his U.S.-citizen sister filed a fourth-preference petition for him, but he still faces a wait of several years for that category to become current in the Visa Bulletin.  Last month, Newman married a U.S. citizen who wishes to sponsor him for an immigrant visa.
   
   Can Newman adjust status? 

Adjustment of Status Hypo

2020 Exam, Question #5 (40 minutes)

(Punch Drunk Love)

Barry was brought to the U.S. as a 12-year-old in 2002; he and his parents entered without inspection.  He was eventually granted Deferred Action for Childhood Arrivals (DACA) in 2013 at the age of 23, which he has renewed since.  DACA is a type of lawful immigration status.

In 2016, Barry traveled on advance parole to visit a sick relative in Jamaica and returned a few weeks later; upon his return, he was paroled into the U.S.  He recently married his longtime girlfriend, Lena, who is an LPR.

Assume for purposes of this question that 2A petitions are currently immediately available.  Can Barry adjust his status?  If your answer is yes, explain why.  If your answer is no, explain why not and provide any advice you might you give him.

https://www.oyez.org/cases/2021/20-979

Discussion with CJ Roberts regarding notices to appear coming in multiple envelopes.

Adjustment of Status Hypo

2020 Exam, Question #2 (40 minutes)

(The Game)

Nicholas is a native and citizen of France who lives in Montreal, Canada. In September 2016, he decided to visit the U.S. for the weekend to see his friend, Conrad, who is a U.S. Citizen. Conrad offered to drive Nicholas from Montreal to New York City.

Conrad was driving, and Nicholas was in the passenger seat. The border was very busy that day. The immigration officer inspected Conrad’s documents but did not check Nicholas’s identification and waved Nicholas through inspection at the port of entry at the U.S./Canada border.

During the weekend, Nicholas met and fell in love with Christine, who is a U.S. Citizen. Nicholas decided never again left the U.S. Eventually, Nicholas and Christine were married in a small, private ceremony in April 2020.

• If Christine files a marriage-based immediate relative petition on Nicholas’s behalf and Nicholas files an adjustment of status application, can he adjust his status to that of a lawful permanent resident (LPR)?

Adjustment of Status Hypo
2018 Exam, Question #4 (20 Minutes)
(The Usual Suspects)

Facts: Keyser Söze is a citizen of Turkey who entered the U.S. on a B-2 tourist visa on January 1, 2021.  His visa expired after three months on April 1.  He overstayed the visa, because he met and fell in love with Roger “Verbal” Kint, a U.S. citizen.  They married soon after on June 1.

Today, August 14, 2021, you, as their attorney, help them file an immediate relative petition together with an adjustment of status application. 

•    Question: Will Verbal’s petition and Keyser’s application be approved? Are there any potential problems or restrictions?