1. Mateo, who was born in Mexico, is admitted to the United States on an F-1 student visa. While he is enrolled in a full-course of study he meets Alicia, a U.S. citizen, and they get married. Assess Mateo’s prospects for adjustment of status to an immigrant.

2. Same facts as 1 except that Alicia is a permanent resident alien.

3. Ralph was admitted into the United States in 2006 on a B tourist visa good for six months. He overstays his visa. In 2010, he marries Anne, a U.S. citizen, who is a graduate student with annual income of about $15,000. She comes from an upper middle-class family. Ralph has no income. Assess his prospects for adjustment of status.

4. Same facts as 3 except that Ralph snuck into the country without being admitted.

5. Same facts as 3 except that Anne is a permanent resident alien.

6. Fred is a citizen of El Salvador. He is currently unemployed and has no substantial assets. His mother, an LPR, is dying in a hospital in Boston. Fred would like to be with her during her final days. Assess whether and how this might be possible.

INA 245 [+mark up of 245]; INA 212(d)(5)

245(c) Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 1151(b) of this title or a special immigrant described in section 1101(a)(27)(H), (I), (J), or (K) of this title) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 1182(d)(4)(C) of this title; (4) an alien (other than an immediate relative as defined in section 1151(b) of this title) who was admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title; (5) an alien who was admitted as a nonimmigrant described in section 1101(a)(15)(S) of this title,[1] (6) an alien who is deportable under section 1227(a)(4)(B) of this title; (7) any alien who seeks adjustment of status to that of an immigrant under section 1153(b) of this title and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa.