newyorkvisalawyer_o0id8f For choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction vests and proceedings commence upon the filing of a charging document, and will only change if an Immigration Judge subsequently grants a change of venue to another Immigration Court. Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020), clarified.
Matter of Jose Antonio GARCIA, 28 I&N Dec. 693 (BIA 2023) Decided March 24, 2023 In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023). In this precedential decision, the BIA held that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration court where venue lies. For … Read more
DETERMINING WHETHER CHILDREN BORN OUTSIDE THE U.S. ACQUIRED CITIZENSHIP AT BIRTH
ESTABLISHING EXTREME HARDSHIP There are several forms of relief and immigration benefits that require a noncitizen to establish extreme hardship or variations of extreme hardship (such as exceptional and extremely unusual hardship). Most commonly I-601A and I-601 visa waivers require a showing of extreme hardship and cancellation of removal for non-permanent residents requires a showing of … Read more
Did you immigrate to the United States? Where did you emigrate from? These words are commonly mixed up and misused. You may be wondering what they mean yourself or how to use them. To immigrate means to live in a country other than your country of origin. Typically you would use the word immigrate along … Read more
U.S. Attorney General Merrick Garland announced the investiture of 25 new Immigration Judges. You will find the official announcement here. After a thorough application process, Attorney General Merrick B. Garland appointed Roberto K. Amaya, Matthew S. Bohrer , Illya-Karina J. Bonet, Monique Carreras-Amadeo, Claudia R. Cubas, Kyle A. Dandelet, Ayodele A. Gansallo, Annette Gaul, Iman Ghasri, … Read more