Philip Levin, Author at Levin and Pangilinan PC

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.

October 23, 2017 Philip Levin

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

October 22, 2017 Philip Levin

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

October 20, 2017 Philip Levin

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.

October 18, 2017 Philip Levin

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?

October 17, 2017 Philip Levin

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

Immigration Lottery

October 15, 2017 Philip Levin

The immigration lottery, which is also known as the “diversity lottery program” or DV lottery”, after several generations, was finally revised as a method to choose those countries that are… CONTINUE

How much discretion does the immigration officer have when conducting a marriage visa interview?

October 13, 2017 Philip Levin

During a marriage visa interview, the government tries to have them conducted in a uniform manner. With that said, most experienced examiners naturally use their own experience and knowledge to… CONTINUE

Marriage Visa Interviews

October 12, 2017 Philip Levin

It is common to have lawyers in marriage visa interviews. The interview process is unusual and most people are not comfortable being interviewed by government officers. If the attorney prepared… CONTINUE

When getting an Immigrant Visa or “Adjustment of Status” through marriage, what questions are asked to establish that a marriage is bona fide?

October 11, 2017 Philip Levin

In a marriage visa interview, the officers are trained to review documentation that leads him or her to determine whether the marriage is bona fide. They are also trained to… CONTINUE

Foreign Adoption

October 9, 2017 Philip Levin

It’s always helpful to consult with an attorney regarding a foreign adoption in order to understand what you are getting yourself into, because once you are in a foreign country,… CONTINUE