A. Burden of Proof The burden of proof to establish eligibility for an immigration benefit always falls solely on the benefit requestor. The burden of proof never shifts to USCIS. Once a benefit requestor has met
AOS Statute INA 245(a) Adjustment of Status Eligibility Requirements The applicant must have been: Inspected and admitted into the United States; or Inspected and paroled into the United States. The applicant must properly file an
As the Board explained in its decision in Matter of Castillo-Padilla, 25 I&N Dec. 257, 258–63 (BIA 2010), a release on conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. §
The NY Clean Slate Act took effect on November 16, 2024. Under the Clean Slate Act individuals convicted of crimes (other than sex crimes and non-drug related Class A Felonies) in the State of New
What is considered a “conviction” for immigration purposes? Statute & Regulations Section 101(a)(48) (A) of the Immigration and Nationality Act defines conviction as: (48)(A) The term “conviction” means, with respect to an alien, a formal
Matter of R-T-P-, 28 I&N Dec. 828 (BIA 2024) (1) A proper remedy for a violation of the claim-processing rule at section 239(a)(1)(G)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1229(a)(1)(G)(i) (2018), should
Matter of Mogtabi Hassan AZRAG, 28 I&N Dec. 784 (BIA 2024) February 23, 2024 the Board of Immigration Appeals issued a precedential decision regarding the circumstances under which a State Court vacates a conviction, which
WIDOW(er) A. Who is Covered: Legal Marriage to U.S. Citizen, Not Remarried Widow(er)s of U.S. citizens have the broadest avenue of relief should their U.S. citizen spouse die. The statute allows them to remain classified
INA 204(I) Who is Covered by 204(I) ? Unlike the widow(er) protections described in the previous section that are limited to U.S. citizen spouses, and unlike humanitarian reinstatement discussed in the next section that is
Humanitarian Reinstatement: Petitioner Dies, Beneficiary Has an Approved Petition A. The Limitations of Humanitarian Reinstatement For many years, the only relief available for petitioners in cases where the petitioner died was a discretionary mechanism under
THE THREE OPTIONS 1. Widow(er) Petition under INA 201(b)(2)(A)(i) Widow(er)s of U.S. citizens have the broadest avenue of relief should their U.S. citizen spouse die. The statute allows them to remain classified as immediate relatives
A Service Request (or Case Assistance Request) is essentially a formal inquiry made by an applicant or an applicant’s attorney asking for information about the status of a case pending before the US Citizenship &