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An Asylee Who Adjusts Status Per INA § 209(b) Transitions to Lawful Permanent Resident, Thus Terminating His Or Her Asylee Status. Therefore, The Restrictions Of INA § 208(c)(1)(A), Which Prohibit The Removal Or Return Of Nationality Or Last Habitual Residence, Do Not Apply To Such A Respondent. Matter of C-J-H, 26 I&N Dec. 284 (BIA 2014) Clarified.

August 15, 2017 Philip Levin

On August 3, 2017, the Board of Immigration Appeals (BIA or Board), on remand from the Fifth Circuit, held that a respondent’s asylee status was terminated when he adjusted status to lawful permanent resident (LPR).  Respondent had been convicted in Texas of a controlled substance offense 11 years after being granted asylum, and subsequently adjusting his status.  His new applications for asylum, withholding and CAT relief were denied by the Immigration Judge (IJ) and he appealed to the BIA claiming his asylum status had not been terminated.   The Board remanded to the IJ and later held in Matter of C-J-H, 26 I&N Dec. 284 (BIA 2014) that one who is granted asylum but later adjusts status is no longer an asylee.

The IJ, using Matter of C-J-H, found respondent’s asylee status terminated by his adjustment and certified the record to the BIA, which affirmed.  Respondent’s petition for review to the Fifth Circuit argued (among other points) that he was still an asylee and therefore could not be removed until that status was terminated.   The Court of Appeals vacated and remanded, instructing the Board to fully consider the language and legislative history of the statute and issue a new decision.

The BIA did not back down, concluding that “the statutory language, as well as the relevant regulatory provisions, case law, and legislative history” mandate a finding that an asylee who adjusts loses the status of one granted asylum and thus the restrictions of INA § 208(c)(1)(A), which protect asylees from return to their original country of nationality or last residence, no longer apply to such person.  The Board specifically found that adjustment of status “extinguishes…asylee status”, buttressing this view by noting that § 208(c)(2) expressly states that a grant of asylum “does not convey a right to remain permanently” in the U.S.  It thus followed, held the BIA, that if any asylee who adjusts no longer has the status of one granted asylum, he or she is no longer protected by § 208(c)(1)(A)’s bars to removal.  The appeal was accordingly dismissed.  Matter of N-A-I-, 27 § I&N Dec. 72 (BIA 2017).

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R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. LPPC will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

LPPC will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. LPPC will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on LPPC to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. LPPC will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.