Category: inadmissibility
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BIA’s Decision in Matter of Thakker
September 20, 2024, the Board of Immigration Appeals issued a decision in Matter of THAKKER, 28 I&N Dec. 843 (BIA 2024). Matter of Jurado, 24 I&N Dec. 29 (BIA 2006), aff’d sub. nom. Jurado-Delgado v. Att’y Gen. of U.S., 498 F. App’x 107 (3d Cir. 2009), overruled in part. In Matter of Thakker, the Board…
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The Illogical Immigration Consequences of Drug Convictions
A conviction for a drug offense can have outsized legal consequences when it comes to obtaining employment, licensing, access to benefits and finding housing. Outside of the law it can have serious consequences In some cases minor marijuana offenses could result in eviction or the loss of employment or parental rights. These consequences can effect…
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ESTABLISHING EXTREME HARDSHIP
A. Totality of the Circumstances The officer must make extreme hardship determinations based on the factors, arguments, and evidence submitted. Therefore, the officer should consider any submission from the applicant bearing on the extreme hardship determination. The officer may also consider factors, arguments, and evidence relevant to the extreme hardship determination that the applicant has…
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Petty Offense Exception
The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Since so many offenses can be classified as crimes involving moral turpitude, many noncitizens risk being excluded even for minor convictions. Coming within the Petty Offense Exception is one way to avoid this exclusion. This exception…
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UNLAWFUL PRESENCE BARS CAN RUN IN THE US, BIA & USCIS AFFIRM
UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds of inadmissibility, the three- and ten-year bars at INA § 212(a)(9)(B) penalize people who are present in the US. without any lawful immigration status for more than 6 months and 12 months respectively. This could be overstaying a visa by failing to depart the US.…
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Petty Offense Exception
The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Eligibility for the petty offense exception. Only one CIMT, Punishment under 6 months. Max term of imprisonment under one year.
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False Claim to U.S. Citizenship
Inadmissible and deportable for making a false claim to U.S. citizenship. INA § 212(a)(6)(C)(ii); INA §237(a)(3)(D). A person who falsely represents or has falsely represented themselves to be a U.S.citizen for any purpose or benefit under the INA or any other federal or state law is inadmissible anddeportable Therefore, as written, DHS could apply these…
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CAN I TRAVEL ONCE MY U VISA IS APPROVED?
Joseph Caraccio June 4, 2023 One Comment travel, U visa INTERNATIONAL TRAVEL AS A U NONIMMIGRANT Uncategorized inadmissibility Case Law BIA FOIA USCIS FAQ SIJS Citizenship How To Visa EAD Court Q&A WebEx Asylum TPS Bond policy News Special Immigrant Video Extreme Hardship CAT criminal marriage motions SCOTUS U Visa It seems we can't find…
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Comments
Thanks for sharing. I read many of your blog posts, cool, your blog is very good.
This saved me from an RFE. Thnx.