ARRIVING ALIEN (CASE LAW)
Arriving Alien BIA Cases Matter of Gonzalez Romo, 26 I&N Dec. 743 (BIA 2016) Within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, a returning lawful permanent resident who has
ADMISSION
BIA CASE LAW REGARDING ADMISSIONS Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014) (1) Adjustment of status constitutes an āadmissionā for purposes of determining an alienās removability under section 237(a)(2)(A)(iii) of the Immigration and
Persecution
Well-founded Fear of Persecution Definition of Persecution Although persecution is not specifically defined within the INA, the courts have held that āa threat to life or freedom on account of race, religion, nationality, political opinion
Asylum Basics
What Is Asylum? Asylum is a form of protection granted to foreign nationals already in the United States or arriving at the border. To qualify, they must meet the international law definition of a ārefugee.ā According
CRIME OF VIOLENCE
18 U.S.C. Ā§16. Crime of violence definedThe term “crime of violence” means- (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property
Online Filing Form I-765, Employment Authorization
Only certain eligibility categories can be filed online. USCIS may be expanding the list of eligibility categories in the future but right now you can only file online for: -(a)(12) ā Temporary Protected Status granted;
Aggravated Felony
Aggravated felonies are defined at 8 USC Ā§ 1101(a)(43), which lists dozens of common-law terms and references to federal statutes. Aggravated felonies (“AF”) are the convictions with the most serious immigration consequences for a noncitizen.
What Circuit’s Case Law is Controlling?
The Circuit Court with jurisdiction over the geographical location of the Immigration Court will control. See Matter of Garcia, 28 I&N Dec. 693 (BIA 2023). For choice of law purposes, the controlling circuit law in
Immigration Bond
What is an Immigration Bond The bond refers to money paid to secure a detained foreign nationalās release that serves as a guarantee to the government that, once out of detention, the bonded individual will
Immigration Detention
Statutory Framework Four provisions of the INA primarily shape the immigration detention framework: INA Ā§ 236(a) generally authorizes the detention of aliens pending a decision on whether the alien is to be removed from the
Arriving Aliens
DEFINITION OF ARRIVING ALIEN The regulations define “arriving alien” at 8 CFR Ā§1001.1(q): The term arriving alien means an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien
Tax Identification Number (TIN)
What is a Tax Identification Number (TIN)? What other purposes can an ITIN serve? ā¢ Opening an interest-bearing bank account. ā¢ Securing a driverās license. Some states have allowed the ITIN to be used instead