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  • Employers
    • Permanent Visas
      • PERM Labor Certifications
    • Temporary Visas
      • E-3 Visas
      • H-1B Employment
        • H-1B1 Visa
      • L-1 Visas
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      • TN, Canadian/Mexican
  • Employees
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    • National Interest Waivers
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    • E-1 & E-2 Visas
  • Compliance
    • I-9/Worksite Enforcement
  • Family & Individuals
    • Marriage
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    • Hearings & Appeals
    • Naturalization
    • Students
      • STEM OPT Visas
  • About Us
    • Blog
    • Testimonials
    • Attorneys
      • Philip M. Levin, Founder
      • Don L. Pangilinan, Principal
      • Alec P. Wilczynski, Of Counsel
      • Alexandra Cotroneo, Associate

BIA Holds That A Witness Testifying About Events He Or She Has Experienced Has Personal Knowledge Of The Matters Addressed And The Federal Rules Of Evidence Requirements Regarding The Admission Of Expert And Lay Testimony Do Not Apply. Additionally, Conduct By An Immigration Judge (IJ) That Is Bullying Or Hostile To A Witness Is Inappropriate, Particularly When It Involves A Minor, And May Result In A Remand To a New IJ.

December 10, 2015 Philip Levin

On November 23, 2015, the Board of Immigration Appeals (BIA or Board) vacated a decision of the Immigration Judge (IJ) denying a 15 year-old’s request for withholding of removal and CAT relief, remanded the record to the Immigration Court, and ordered assignment to a new IJ. When respondent’s attorney had attempted to question him in court on how his experiences in Guatemala (extortion of his family, threats to kill him and his relatives, assault by armed men) had affected him in terms of “psychological issues” such as nightmares, the IJ initially insisted on qualifying the boy as an expert witness, asking if he had ever “lectured on a professional level on psychology”. Despite counsel’s objections that he wasn’t trying to qualify respondent as an expert, the IJ refused to allow the boy “to testify as to vague psychological problems”, claiming he could only testify as a lay witness and could not be asked about the psychological impact of his experiences.

In its opinion, the BIA concluded the IJ erred in suggesting the boy needed to be qualified as an expert, explaining that under the Federal Rules of Evidence (FRE), a lay witness cannot give an opinion based on scientific or specialized knowledge. However, the FRE is not binding in immigration proceedings where the proper test of admissibility is whether the evidence is probative and its admission fundamentally fair. When respondent had personal knowledge of the matters addressed and was not offering opinion testimony, this test was met.

More significantly, the Board held that the IJ’s treatment of respondent could not be condoned, stating that conduct by the IJ which can be perceived as bullying or hostile can have a chilling effect on testimony and this limit the court’s ability to fully develop the facts. The BIA added that such behavior creates the appearance the IJ is not a neutral fact-finder and raises questions whether respondent received a full and fair hearing. Because the hearing was not conducted in a manner that meets the expected standards, the IJ’s decision was vacated and the record remanded to a new IJ to ensure fairness and the appearance of impartiality. Matter of Y-S_L-C- 26 I.&N. Dec. 688 (BIA 2015).

Learn more about the immigration services provided by Philip Levin & Associates.

Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. 

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Filed Under: Adverse Credibility Determination, BIA, Blog, Courtroom Conduct, Psychology/Mental Health

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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.