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You are sitting across your desk from a couple you have just met. They have been dating for years, just can’t separate again, and have decided to marry in the United States. She is tearfully and haltingly explaining that while she came as a temporary visitor without a visa, she cannot now go back to her home country for months of separation from her U.S. citizen boyfriend. They are the prospective clients. At the end of this con- versation, you must assess their U.S. options including whether they have an adjustment of status application that will succeed. You are about to embark on the path of representing these clients at a time when the law in this area may be in flux.
The following is a discussion of the law and policy regarding this type of case.