Arriving Alien I-485 Green Card Filing That Gets Results: Loblack Strategy

Attorney Peter Loblack | Harvard-Educated | Immigration Attorney for 30+ Years
Offices in Orlando & Plantation, FL. Serving clients in Florida, across the U.S., and globally.

For a complete overview of the general Adjustment of Status framework, visit our master guide: The I-485 Adjustment of Status Hub. To understand our overarching methodology for building approval-ready files, review The Loblack Strategy.

---

What is an "Arriving Alien" for Adjustment of Status?

An arriving alien is an applicant for admission who is coming—or attempting to come—into the United States at a port of entry.

• Most arriving aliens eligible for adjustment entered the U.S. through parole, not a formal “admission” (such as a tourist or student visa).
• To adjust under INA § 245(a), an applicant must be "inspected and admitted" or "inspected and paroled."
• Parole allows entry without formal admission but with specific authorization from immigration authorities.

Parole types that satisfy INA 245(a) include:

• Humanitarian parole
• Categorical or program‑based parole
• Advance parole used to reenter the U.S. (see critical clarification below)

Important Clarification About Advance Parole

Advance parole issued to someone already inside the United States does not make that person an arriving alien. Only individuals who present themselves at a port of entry and are paroled into the U.S. are treated as arriving aliens for adjustment purposes.

Why This Matters

Because arriving aliens are paroled, not formally admitted, their cases trigger highly unique statutory jurisdiction rules. This status determines whether USCIS—and not the Immigration Court—retains exclusive control over the I‑485 application.

---

The Jurisdictional Trap: USCIS vs. Immigration Court

Many applicants mistakenly believe that if they are in removal (deportation) proceedings, the Immigration Judge controls their entire fate. For an arriving alien, this is legally incorrect.

Jurisdiction Belongs Exclusively to USCIS

Under strict federal regulations, USCIS retains exclusive jurisdiction to adjudicate an application for adjustment of status filed by an arriving alien, even if that individual is currently in active removal proceedings. You must file the I-485 directly with USCIS, not with the Immigration Court.

Immigration Judges Lack Authority

Immigration Judges generally have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status. Therefore, you do not need to successfully reopen or terminate your removal proceedings just to file or pursue the I-485 before USCIS.

---

---

Contesting Erroneous USCIS Denials

One of the most frequent and frustrating hurdles arriving aliens face is USCIS error. USCIS adjudicators often misinterpret complex parole documents, conditional releases, or I-94 records and erroneously deny the I-485 by falsely claiming the applicant does not qualify as an "arriving alien."

If USCIS has denied your application on these grounds, do not assume they are correct. Attorney Peter Loblack meticulously reviews your entry records, CBP encounter logs, and parole paperwork to definitively prove your arriving alien status. We aggressively contest these legally flawed USCIS denials through formal administrative motions to reopen and secure the approval you are entitled to.

---

Loblack Strategy: Eligibility First

Before any filing, Attorney Loblack conducts a detailed administrative audit to determine the exact viability of your case. We verify:

1. Whether you meet the strict statutory definition of an arriving alien.
2. Whether the underlying immigrant petition (e.g., an I-130 from a bona fide marriage) is approvable.
3. Whether USCIS or the Immigration Court currently holds jurisdiction over your specific filing.
4. Whether any inadmissibility bars or unexecuted removal orders require concurrent legal strategy.

If no lawful path exists, no filing is made. Clients contact Attorney Loblack to learn whether their issues can be overcome based on strict immigration statutes, not because an unrealistic result is promised.

---

---

Myths vs. Reality: Arriving Alien Jurisdiction

Common Myth	The Legal Reality
Myth: Filing the I-485 automatically stops my deportation.	Reality: The removal order remains fully enforceable while your application is pending with USCIS. An independent stay of removal is required to guarantee protection.
Myth: The Immigration Judge will decide my I-485 at my next hearing.	Reality: The Immigration Judge has no jurisdiction over an arriving alien's Adjustment of Status; exclusive jurisdiction lies with USCIS.
Myth: Parole is not a lawful entry for a Green Card.	Reality: Parole strictly satisfies the statutory "inspected and paroled" requirement for I-485 eligibility.
Myth: I must reopen my removal case before I can file anything.	Reality: Reopening the court case is not legally required for USCIS to process and decide the I-485.
Myth: An old removal order makes a Green Card impossible.	Reality: It creates a significant legal hurdle, but it does not absolutely bar USCIS from approving your adjustment of status.

---

---

Loblack Pre-Filing Eligibility Audit

Because an I-485 application is heavily scrutinized to verify statutory eligibility, securing an approval requires looking far beyond the forms. Before submitting any filing or responding to a Request for Evidence, Attorney Peter Loblack conducts a comprehensive review of the entire immigration and background history. Issues that complicate a case and must be strategically addressed include:

• Previous immigration petitions that were withdrawn, denied, or abandoned
• Conflicting information provided on prior tourist or student visas
• Discrepancies in birth certificates or foreign civil documents
• Prior orders of removal or periods of unlawful presence
• Issues establishing continuous lawful status
• Financial inadmissibility or I-864 non-compliance

---