www.nyvisalawyer.com

Tag: reference

  • 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 (Supp. V 1993), is not considered an inchoate crime and is not sufficiently related to a controlled substance violation to…

    Read more...

  • 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 a felony conviction for solicitation to possess marijuana for sale is inadmissible under section 212(a)(2)(A)(i)(I) of the Immigration and Nationality…

    Read more...

  • ADMISSION

    BIA CASE LAW REGARDING ADMISSIONS Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014) (1) Adjustment of status constitutes an “admission” for purposes of determining an alien’s removability under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii) (2012), as an alien convicted of an aggravated felony “at any time after admission.”…

    Read more...

  • 2024 HHS Poverty Guidelines

    2024 HHS Poverty Guidelines

    Sponsor’s Household Size 150% of HHS Poverty Guidelines* 1 $22,590 2 $30,660 3 $38,730 4 $46,800 5 $54,870 6 $62,940 7 $71,010 8 $79,080 Add $8,070 for each additional person source: https://www.uscis.gov/i-912p

    Read more...

  • Notice to Appear (NTA)

    Notice to Appear (NTA)

        A Notice to Appear (“NTA”) initiates removal proceedings by informing the immigrant respondent that they must appear in Immigration Court on a specific day to answer to a charge of removeability.     An NTA is issued as a standard DHS form, Form I-862. The statutory requirements of an NTA can be found at INA…

    Read more...

  • Sources of Law

    Immigration and Nationality Act (INA) The INA is a main source of immigration law in the United States. It contains many of the most important provisions of law relevant to immigration proceedings. Title 8 of the Code of Federal Regulations (CFR) Title 8 of the CFR codifies the INA and includes regulations followed by the Department of Homeland…

    Read more...

  • Categorical Approach

    STEP 1 Identify the “Generic” Definition of the Removal Ground The grounds of inadmissibility and deportability (which include the definition of an aggravated felony) contain dozens of terms describing crimes, e.g., “crime involving moral turpitude,” “crime of child abuse,” “law…relating to a controlled substance,” “crime of violence,” “burglary,” etc. Each of these terms must have…

    Read more...

  • Class of Admission Codes

    When a person arrives at a port of entry seeking entry to the United States they will either be admitted or paroled into the country (if they are permitted to enter). A person who is being permitted to enter on a temporary basis or under special conditions because they lack a proper visa or immigration…

    Read more...

  • Employment Authorization Category Codes

    How To Find Out What your employment authorization category code is USCIS EAD Category Code  EAD Category Eligibility Description 180 Days Automatic Extension Eligibility A02 A lawful temporary resident pursuant to sections 245A or 210 of the INA No A03 Refugee Yes A04 Paroled as refugee No A05 Asylee (granted asylum) Yes A06 K1 non-immigrant…

    Read more...