212 d 3 Waiver
An INA 212(d)(3) waiver is required when a noncitizen is seeking to obtain a nonimmigrant visa and they are inadmissible under INA 212(a)(3). Note: In the case of T nonimmigrant status, there is an INA
Asylee Petition for Spouse and/or Child, Form I-730
A principal refugee admitted to the United States within the past 2 years or a principal asylee who was granted asylum within the past 2 years, may use the Form I-730 to petition for a
MATTER OF H-C-R-C- (2024 credibility & CAT)
Matter of H-C-R-C-, 28 I&N Dec. 809 (BIA 2024) (1) Applicants bear the burden of establishing their own credibility, and no statute or legal precedent compels an Immigration Judge to conclude that an applicant’s testimony
Choice of Law
In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023) the Board of Immigration Appeals (BIA) held that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration
No Bond on Reentry After Prior Removal
In Johnson v. Guzman Chavez, 594 U. S. ____ (2021), the U.S. Supreme Court held that the detention of noncitizens ordered removed from the United States who reenter without authorization is governed by 8 U.S.C. § 1231,
“Credible” and “Reasonable” Fear Interviews
Fear interviews are part of the expedited removal process. When a person is put into the expedited removal process, if they express a fear of returning to their home country or request to seek asylum,
READJUSTMENT OF CONDITIONAL RESIDENTS
Matter of Stockwell On November 21, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it had updated its Policy Manual (PM) in a policy alert titled “Adjustment on New Basis After Termination
FRAUD / MISREPRESENTATION
Fraud & Misrepresentation Ground of Inadmissibility Inadmissibility for fraud or misrepresentation under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2018). Willful Misrepresentation Matter of O-M-O-, 28 I&N Dec. 191, 196
ADMISSION
The Definition of “Admission” and “Seeking Admission” in Immigration Law Section 101(a)(13)(A) of the Immigration and Nationality Act [codified as 8 U.S.C. 1101(a)(13)(A)] [PDF version] defines “admission” and “admitted” to mean: “with respect to an alien, the
DUE PROCESS IN REMOVAL PROCEEDINGS
RIGHT TO A FULL & FAIR HEARING An alien who faces removal is entitled to a full and fair removal hearing under both the Act and the Due Process Clause of the Fifth Amendment. See
RETURNING LPR
Returning Lawful Permanent Resident BIA CASE LAW Matter of Pena, 26 I&N Dec. 613 (BIA 2015) An alien returning to the United States who has been granted lawful permanent resident status cannot be regarded as
AGGRAVATED FELONIES (CASE LAW)
AGGRAVATED FELONIES BIA CASE LAW Accessory After the Fact Matter of Batista, 21 I&N Dec. 955 (BIA 1997) (1) The offense of accessory after the fact to a drug-trafficking crime, pursuant to 18 U.S.C. §3