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ASYLUM, WITHHOLDING OF REMOVAL, & CONVENTION AGAINST TORTURE
Last Updated: December 26, 2024The requirements for asylum, withholding of removal, and protection under Article III of the UN Convention Against Torture (“CAT”) compared. Withholding Under the INA & Withholding Under CAT There is actually withholding of removal under INA §241(b)(3) and withholding of removal under CAT. Withholding under INA §241(b)(3) gives the applicant the burden of proving that...
Service requests
Last Updated: December 26, 2024A Service Request (or Case Assistance Request) is essentially a formal inquiry made by an applicant or an applicant’s attorney asking for information about the status of a case pending before the US Citizenship & Immigration Services, or requesting something from the USCIS. USCIS now refers to these as “Case Assistance Requests” on their website....
UNLAWFUL PRESENCE BARS
Last Updated: December 24, 2024What Are the Three- and Ten-Year Bars? The three- and ten-year bars were created as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996. Incorporated into section 212(a)(9)(B) of the Immigration and Nationality Act (INA), the statute imposes re-entry bars on immigrants who accrue “unlawful presence” in the United States, leave...
ALIEN SMUGGLING INADMISSIBILITY
Last Updated: December 24, 2024INA §212(d)(11) Waiver Factors Once a person has met these requirements, she then must convince the adjudicator to grant the waiver because of one or more of the following grounds: NO WAIVER EXISTS FOR SOMEONE WHO • assisted someone other than, or in addition to, her own son/daughter, parent, or spouse; • seeks to immigrate...
Waiver of Immigrant Vaccination Requirement
Last Updated: December 24, 2024Waiver of Immigrant Vaccination Requirement A. General An applicant seeking an immigrant visa at a U.S. consulate or an applicant seeking adjustment of status in the United States who is found inadmissible for not being vaccinated may be eligible for the following waivers: Each of these waivers has its own requirements. Unlike some other waivers, no qualifying relative is required for the applicant to be eligible for a...
WAIVER OF DRUG ABUSE & ADDICTION
Last Updated: December 24, 2024Waiver of Drug Abuse and Addiction A. Adjustment of Status and Immigrant Visa Applicants In general, no waiver is available for adjustment of status and immigrant visa applicants who are found inadmissible because of drug abuse or drug addiction.[1] B. Remission Although a waiver is unavailable for health-related inadmissibility due to drug abuse or addiction, an applicant may still overcome this inadmissibility...
WAIVER OF MEDICAL OR MENTAL DISORDER
Last Updated: December 24, 2024Waiver of Physical or Mental Disorder Policy Manual Volume 9 – Waivers and Other Forms of Relief Part D – Health-Related Grounds of Inadmissibility Chapter 4 – Waiver of Physical or Mental Disorder Accompanied by Harmful Behavior 1. Qualifying Relationship Unlike waivers for communicable diseases of public health significance, waivers for physical or mental disorders with associated...
Q&A’s: ABUSED SPOUSES, CHILDREN AND PARENTS UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA)
Last Updated: July 31, 2023QUESTIONS AND ANSWERS: ABUSED SPOUSES, CHILDREN AND PARENTS UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) Q. WHAT IF MY FORM I-360, PETITION FOR AMERASIAN, WIDOW(ER), OR SPECIAL IMMIGRANT, IS DENIED? A. If your petition is denied the denial letter will tell you how to file an appeal. You may file a Notice of Appeal along with...
Affirmative Asylum
Last Updated: July 31, 2023Will I Be Required to Undergo Any Other Criminal or Security Checks? Yes. Every individual who applies for asylum will be subject to a series of background/security checks. You will not have to complete any additional steps to complete your background/security check once you have submitted your Form I-589 and have had your fingerprints taken....
How to Attend A WebEx Virtual Hearing for Immigration Court
Last Updated: July 26, 2023From WebEx Virtual Hearing Guide If your hearing notice states that you have a virtual hearing then you are expected to attend the hearing by going to the link on that notice and appearing virtually. If the link on your hearing notice isn’t working, you lostost your hearing notice, or you just don’t feel like...