On October 20, 2017, the Board of Immigration Appeals (BIA or Board), in ruling on the appeal of a respondent convicted of aggravated felony rape under INA § 101(a)(43)(A) and… CONTINUE
BIA Holds That Criminally Negligent Homicide In Violation Of New York Penal Law § 125.10 Is Categorically Not A Crime Involving Moral Turpitude As It Does Not Require A Defendant To Have A Sufficiently Culpable Mental State.
On October 16, 2017, the Board of immigration Appeals (BIA or Board), in sustaining a respondent’s appeal of an Immigrant Judge’s (IJ’s) order of removal, held that criminally negligent homicide… CONTINUE
One Has “Previously Been Admitted” To The U.S. “As An Alien Lawfully Admitted For Permanent Residence” Under INA § 212(H) If He Or She Was Inspected, Admitted And Physically Entered The Country As A Lawful Permanent Resident At Any Time In The Past, Even If Such Admission Was Not The Person’s Most Recent Acquisition Of Permanent Resident Status.
On October 3, 2017, the Board of Immigration Appeals (BIA or Board) ruled on the appeal of a respondent held by the Immigration Judge (IJ) to be ineligible for a… CONTINUE
One Seeking To Qualify For The Inadmissibility Exception To INA § 212(A)(6)(A)(ii) Must Satisfy All 3 Subclauses Of That Section, Including The Requirement That He Or She Be A “VAWA Self-Petitioner.”
On October 6, 2017, the Board of Immigration Appeals (BIA or Board) sustained a DHS appeal of an Immigration Judge’s (IJ’s) termination of removal proceedings in the case of a… CONTINUE
When A Petitioner Seeking To Prove A Family Relationship Files A Birth Certificate That Was Not Registered Contemporaneously With The Birth In Question, USCIS Must Consider The Certificate And All Evidence Of Record Including The Circumstances Of The Case, To Determine Whether The Claimed Relationship Has Been Proven By A Preponderance Of The Evidence.
On September 20, 2017, the Board of Immigration Appeals (BIA or Board), ruled on the appeal of a denied Form I-130, Petition for Alien Relative in a situation where the… CONTINUE
BIA Holds A Misrepresentation Is Material Per INA § 212(a)(6)(C)(i) If It Tends To Shut Off A Line Of Inquiry Relevant To Admissibility And Would Predictably Have Disclosed Other Facts Relevant To The Applicant’s Eligibility For A Visa, Other Documentation, Or Admission To The U.S. Forbes v. INS, 48 F.3rd 439 (9th Cir. 1995) Not Followed. Therefore, In Determining Whether One Assisted Or Otherwise Participated In Extrajudicial Killing, An Adjudicator Should Consider 1)The Nexus Between The Applicant’s Role, Acts, Or Inaction And The Killing And 2) His Or Her Prior Or Contemporaneous Knowledge Of The Killing. Miranda Alvarado v. Gonzalez, 449 F.3rd 915 (9th Cir. 2006) Not Followed.
On September 14, 2017 the Board of Immigration Appeals (BIA or Board), in another extremely lengthy opinion, ruled on the appeal of a native of Bosnia-Herzegovina who had been found… CONTINUE
Deportations and Voluntary Departures
Do you ever advise people to go with a voluntary departures? Yes. If the person has the ability to return to the U.S. through sponsorship it is often better to… CONTINUE
The Deportation Process
The deportation process is initiated generally by the Department of Homeland Security featuring what used to be called an “Order to Show Cause”, but it is now called a Notice… CONTINUE
Deported from the U.S.
Being deported from the U.S. depends whether you are an immigrant or a non-immigrant. U.S. citizens cannot be deported. If you are an immigrant and you have a green card,… CONTINUE
Does every applicant who gets chosen in the lottery automatically get a visa?
No. Just because you are chosen in the lottery doesn’t automatically mean you are going to get a green card or immigration to the U.S. In addition to all of… CONTINUE
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