Extreme hardship is a very malleable concept, and each individual case is considered on its own. For a long time, we have been hoping that the USCIS would issue regulations… CONTINUE
BIA Holds Immigration Judge Has No Authority to Adjudicate A Request For An INA § 212(d)(3)(A)(ii) Waiver Filed By A Petitioner For U status.
On September 8, 2016 the Board of Immigration Appeals (BIA or Board) found that the applicable regulations at 8 C.F.R do not give on Immigration Judge (IJ)authority to grant an… CONTINUE
Q: Is there an appeal process on the waiver?
A: Unfortunately, there is no appeal to a denied provisional waiver applicant. But an applicant can try to file a new waiver application in the future. An applicant is not… CONTINUE
Extreme Hardship Waiver
If one of the inadmissibilities applies, sometimes the immigrant can get an extreme hardship waiver if it’s eligible for that form of inadmissibility. This waiver require you to show that… CONTINUE
Inadmissibilities Eligible for I-601 Extreme Hardship Application
There are the forms of inadmissibilities that are eligible for an extreme hardship application. However, the provisional wavier (I-601A) process only applies to the 3- and 10-year bar due to… CONTINUE
Immigration and Inadmissibilities
People who are applying for Immigrant Visas or green cards have to be eligible and not be subject to what are called inadmissibilities. Basically different forms of inadmissibilities could defeat… CONTINUE
Recent Revisions to the Provisional Unlawful Presence Waiver
There has been a recent expansion of what has been called the Provisional Unlawful Presence Waiver CI-601A). The original rule was promulgated in 2013, and now this new rule which… CONTINUE
BIA Holds That An Immigration Judge May Make Reasonable Inferences From Direct And Circumstantial Evidence Of Record In Determining Whether Respondent Presents A Danger To The Community, Including Considering Concerns Regarding National Security And The Likelihood Of Respondent Absconding, And Thus Should Or Should Not Be Released On Bond.
On August 3, 2016, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent denied release on bond. The Appellant, a conditional resident, had come to… CONTINUE
BIA Holds That One Is Inadmissible Under INA §212(a)(6)(C)(ii)(I) For Making A False Claim To U.S. Citizenship If There Is Evidence That The False Claim Was Made With The Subjective Intent Of Obtaining A “Purpose” Or “Benefit” Under The Act Or Any Federal Or State Law And Where U.S. Citizenship Affects Or Matters To The Purpose Or Benefit Sought. Also, BIA Holds, There Is A Distinction Between Achieving A Purpose And Obtaining A Benefit Under This Section Of The INA And Avoiding Removal Proceedings Is A “Purpose” Thereunder.
On July 28, 2016, the Board of Immigration Appeals (BIA or Board) in a lengthy and densely-reasoned opinion, issued a precedent decision analyzing INA §212(a)(6)(C)(ii)(I) on remand from the 2nd… CONTINUE
BIA Holds That In Removal Proceedings Which Involve Issues Of A Respondent’s Mental Competency, The Immigration Judge Has Discretion To Consider And Apply Safeguards To Allow The Case To Go Forward And The Board Reviews The Adequacy Of The Judge’s Decision De Novo.
On June 29, 2016, the Board of Immigration Appeals (BIA or Board) ruled on the DHS appeal of an Immigration Judge’s (IJ’s) termination of removal proceedings without prejudice, where the… CONTINUE
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