If a subject was ordered removed in 2013 and then entered Alaska without inspection, who has jurisdiction over the I-485?

Prepare for the USCIS Basic – Block 3 Exam. Use flashcards and multiple choice questions with detailed explanations. Ensure success for your test!

In this scenario, the correct jurisdiction over the application for adjustment of status (I-485) falls to USCIS, as they are responsible for processing applications for adjustment of status from individuals who are already in the United States, regardless of how they entered.

Even though the individual was ordered removed in 2013 and re-entered the U.S. without inspection, USCIS has the authority to adjudicate the I-485 application under certain circumstances. This includes special cases, such as those involving eligible family members of U.S. citizens or lawful permanent residents. USCIS evaluates the merits of the case and considers any waivers that may be applicable, thus granting them jurisdiction over the application.

Other options reflect different entities and their roles. The Immigration Judge typically handles removal proceedings and can decide on applications for relief in those contexts, but would not adjudicate the I-485 directly. Border Security focuses on maintaining the security of the country's borders and does not handle immigration applications. The Department of Homeland Security, while overseeing USCIS, is not the entity that processes individual applications for adjustment of status. Their role is broader, encompassing a range of immigration laws and enforcement activities.

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