Voluntary Departure, conclusion of removal proceedings

Posted on July 7, 2008 by Mike Baker

Supreme Court Holds that Alien Must Be Allowed to Withdraw Request for Voluntary Departure but Voluntary Departure Is Not Automatically Tolled
Dada v. Mukasey, 128 S. Ct. 2307 (U.S. June 16, 2008)

Petitioner, a native and citizen of Nigeria, who had requested and been granted voluntary departure, petitioned for review of Board of Immigration Appeals’ (BIA) denial of petitioner’s request to withdraw voluntary departure. The Court of Appeals for the Fifth Circuit, 207 Fed.Appx. 425, affirmed BIA’s denial of request to withdraw voluntary departure.

Holding: The Supreme Court, Justice Kennedy, held that to safeguard the right to pursue a motion to reopen for voluntary departure recipients, petitioner had to be permitted an opportunity to withdraw a motion for voluntary departure, provided the request was made before the departure period expired. Reversed and remanded.

Justice Scalia, with whom Chief Justice Roberts and Justice Thomas joined, dissented and filed opinion.

Justice Alito dissented and filed opinion.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 provides that every alien ordered removed from the United States has a right to file one motion to reopen his or her removal proceedings. 8 U.S.C.S. § 1229a(c)(7). The Act also provides, however, that if the alien’s request for voluntary departure is granted after he or she is found removable, the alien is required to depart within the period prescribed by immigration officials, which cannot exceed 60 days. 8 U.S.C.S. § 1229c(b)(2). Failure to depart within the prescribed period renders the alien ineligible for certain forms of relief, including adjustment of status, for a period of 10 years. 8 U.S.C.S. § 1229c(d)(1). Pursuant to regulation, however, departure has the effect of withdrawing the motion to reopen. 8 C.F.R. § 1003.2(d) (2007).

Voluntary departure is a discretionary form of relief that allows certain favored aliens — either before the conclusion of removal proceedings or after being found deportable — to leave the country willingly.

When voluntary departure is requested at the conclusion of removal proceedings, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 provides a voluntary departure period of not more than 60 days. 8 U.S.C.S. § 1229c(b)(2). The alien can receive up to 120 days if he or she concedes removability and requests voluntary departure before or during removal proceedings. 8 U.S.C.S. § 1229c(a)(2)(A). Appropriate immigration authorities may extend the time to depart but only if the voluntary departure period is less than the statutory maximum in the first instance. The voluntary departure period in no event may exceed 60 or 120 days for § 1229c(b) and § 1229c(a) departures, respectively. 8 C.F.R. § 1240.26(f) (2007).

The voluntary departure period typically does not begin to run until immigration administrative appeals are concluded. 8 U.S.C.S. § 1101(47)(B). 8 U.S.C.S. § 1229c(b)(1) provides that the Attorney General may permit voluntary departure at the conclusion of removal proceedings.

An alien involuntarily removed from the United States is ineligible for readmission for a period of 5, 10, or 20 years, depending upon the circumstances of removal. 8 U.S.C.S. § 1182(a)(9)(A)(i), (ii). An alien who makes a timely departure under a grant of voluntary departure, on the other hand, is not subject to these restrictions — although he or she otherwise may be ineligible for readmission based, for instance, on an earlier unlawful presence in the United States, § 1182(a)(9)(B)(i).

A motion to reopen is a form of procedural relief that asks the Board of Immigration Appeals to change its decision in light of newly discovered evidence or a change in circumstances since the hearing. Like voluntary departure, reopening is a judicial creation later codified by federal statute. The reopening of a case by the immigration authorities for the introduction of further evidence is treated as a matter for the exercise of their discretion; where the alien was given a full opportunity to testify and to present all witnesses and documentary evidence at the original hearing, judicial interference has been deemed unwarranted.

To safeguard the right to pursue a motion to reopen for voluntary departure recipients, an alien must be permitted an opportunity to withdraw a motion for voluntary departure, provided the request is made before the departure period expires; as a result, the alien has the option either to abide by the terms, and receive the agreed-upon benefits, of voluntary departure, or, alternatively, to forgo those benefits and remain in the United States to pursue an administrative motion. Immigration and Nationality Act, §§ 240(c)(7), 240B(b), (d)(1), 8 U.S.C.A. §§ 1229a(c)(7), 1229c(b), (d)(1).

“The Attorney General may permit an alien voluntarily to depart the United States at the alien’s own expense if, at the conclusion of a proceeding under section 1229a of this title, the immigration judge enters an order granting voluntary departure in lieu of removal and finds that–

“(A) the alien has been physically present in the United States for a period of at least one year im- mediately preceding the date the notice to appear was served under section 1229(a) of this title;

“(B) the alien is, and has been, a person of good moral character for at least 5 years immediately preceding the alien’s application for voluntary departure;

“(C) the alien is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4) of this title; and

“(D) the alien has established by clear and convincing evidence that the alien has the means to depart the United States and intends to do so.” 8 U.S.C. § 1229c(b)(1).

Posted in conclusion of removal proceedings, Motion to Reopen, Voluntary Departure | Leave a comment

Child Status Protection Act, CSPA

Posted on June 27, 2008 by Mike Baker

On August 6, 2002 President Bush signed the Child Status Protection Act. This new law addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of UCIS processing delays. (when children of U.S. citizens turn 21 years of age, they “age-out” of their immediate relative status to the status of family-first preference: the Fl category.) Public Law (P.L. 107-208), 08/06/02.

The new act provides that the determination of whether an unmarried alien son or daughter of a US citizen is considered an “immediate relative child” (under 21 years of age) will be based on the age of the alien at the time the Petition for Alien Relative (Form I-130) is filed on his or her behalf, rather than on the date the petition is adjudicated, as is the case under current law.

The new law also provides similar determinations in the case of permanent resident parents who subsequently naturalize after having filed petitions for their sons or daughters and citizen parents who file petitions for married sons or daughters where such sons or daughters later divorce. In the first situation, the age determination will be made at the time of the parents’ naturalization. In the latter, the alien beneficiary’s age will be determined as of the date of his or her divorce.

For the children of legal permanent residents, or those who are accompanying or following to join on a petition for an immigrant visa, their eligibility will be determined based on the date that a visa becomes available to them, but only if they seek to acquire permanent resident status within one year of such availability.

In addition, the new law provides age-out protection to alien children who accompany or follow to join parents who have filed for asylum or refugee status.

Finally, the new law provides that the family-sponsored petition of an unmarried alien son or daughter whose permanent resident parent subsequently becomes a naturalized US citizen will be converted to a petition for an unmarried son or daughter of a US citizen, unless the son or daughter elects otherwise.

Because certain aliens are subject to quota restrictions, the law provides for an orderly waiting list, based on the date that the first official step was taken to immigrate the alien. For family based applicants, this is the date the UCIS first accepted the immigrant preference petition filed on the alien’s behalf. For employment based applicants, this date is the earlier of the date a labor certification was filed on the alien’s behalf, or the date an immigrant preference petition was filed, if no labor certification is required. This date is known as the alien’s priority date. A priority date is not “perfected” until the immigrant preference petition is actually approved. Once a preference petition beneficiary receives a priority date, he or she may be able to retain it even if the preference classification changes. For example, employment based immigrants are entitled to retain their EB priority dates even if they change jobs or move switch classifications. Similarly, family based beneficiaries are allowed to retain their priority dates if they automatically convert from one classification to another though marriage, age, or the naturalization of the petitioner.

  • Revised Guidance for the Child Status Protection Act (CSPA) 30APRIL2008: how the agency interprets the statute to apply to aliens who aged out prior to the enactment date of the CSPA. It also permits those individuals who were ineligible under the prior policy to file a new application for permanent residence. Under certain circumstances, this guidance also permits those individuals who were previously denied for CSPA to file motions to reopen or reconsider without filing fee. It also explains what steps certain aliens who do not automatically benefit from the CSPA can take to protect their status as a child. This guidance contained in the AFM update below replaces the following two memoranda: The Child Status Protection Act, issued September 20, 2002; and The Child Status Protection Act – Memorandum Number 2, issued February 14, 2003.

  • June 14, 2006 USCIS memo: Clarification of Aging Out Provisions as They Affect Preference Relatives and Immediate Family Members Under The Child Status Protection Act Section 6 And Form I-539 Adjudications for V Status (Opting out under the CSPA: The effect of naturalization in family-based immigration. U.S. Citizenship and Immigration Services issued a memo on June 14, 2006, clarifying that the children of a lawful permanent resident will not automatically lose V-2 or V-3 status when the parent naturalizes).

  • INS Guidance on Child Status Protection Act (09/20/02).

  • Department of State Cable on Child Status Protection Act (09/08/02).

  • Revised Cable on Child Status Protection Act, Department of State ALDAC #2 (01/03/03)(pdf)

  • Department of State ALDAC #3 (05/03/03) (pdf) PROCEDURAL INSTRUCTIONS.

  • Department of State ALDAC #4 (05/03/03) (pdf) WHAT CONSTITUTES A “FINAL DETERMINATION” ON AN APPLICATION ADJUDICATED PRIOR TO THE EFFECTIVE DATE.

  • Section 6 of the Child Status Protection Act, Joe Cuddihy /s/ Director, International Affairs, HQOPRD 70/6, March 23, 2004. Section 6 of the CSPA allows for unmarried sons or daughters of lawful permanent residents (LPRs) to remain classified as second preference aliens, even if the LPR parent naturalizes. The purpose of this memorandum is to provide guidance on adjudicating requests tendered pursuant to section 6 of the CSPA.

  • CHILD STATUS PROTECTION ACT, PUBLIC LAW 107-208 [H.R. 1209] AUG. 06, 2002.
    • Posted in Aging Out Provisions, Child Status Protection Act, Citizenship and Immigration Services (CIS), CSPA | Leave a comment

    Illinois Gun Laws: possession, carrying firearms, ammunition

    Posted on May 30, 2008 by Mike Baker

    Illinois Gun laws
    Unlawful Use of Weapons

    STATE CONSTITUTIONAL PROVISION

    “Subject only to the police power, the right of the individual citizen
    to keep and bear arms shall not be infringed.” Section 22, Article I of
    the Illinois Bill of Rights.4

    PURCHASE: A buyer is required to show his Firearms Owner’s Identification Card (FOID) when purchasing any firearms or ammunition. Any seller is required to withhold delivery of any handgun for 72 hours, and of any rifle or shotgun for 24 hours, after the buyer and seller reach an agreement to purchase a firearm. The waiting period does not apply to a buyer who is a dealer, law enforcement officer, or a nonresident at a gun show recognized by the Illinois Department of State Police. The seller must retain for 10 years a record of the transfer, including a description of the firearm (including serial number), the identity of the buyer, and the buyer’s FOID number.

    A federally licensed dealer must contact the Department of State Police for a background check, for which there is a $2.00 fee. Any sales at gun shows, including dealers and private parties, must contact the state police for a background check.

    Private parties selling firearms at gun shows must ensure the buyer has a FOID card and the buyer must undergo a background check. It is unlawful to sell or give any handgun to a person under 18, or any firearm to a person who is not eligible to obtain a FOID.

    REQUIREMENTS FOR FOID

    Application for a FOID is made to the Illinois State Police, FOID, P. O. Box 19233, Springfield, IL 62794-9233. Application forms can be obtained online at http://www.isp.state.il.us or by calling the Firearm Owners Identification Program at (217)782-2980. An applicant is entitled to a FOID if he:

    • Is over 21 years of age. If under 21, he must have the written consent of his parent or guardian. In such case, the guardian himself must not be ineligible for a FOID, and the applicant must never have been convicted of a misdemeanor or adjudged a delinquent.
    • Has never been convicted of a felony.
    • Is not a narcotics addict.
    • Has not been a patient in a mental hospital in the preceding five years.
    • Is not mentally retarded.
    • Is not an alien who is unlawfully present in the United States.
    • Is not subject to an existing order of protection prohibiting the possession of a firearm.
    • Has not been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed.
    • Has not been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998.
    • Has not been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998.

    An applicant for a FOID must consent to the Department using the applicant’s digital driver’s license or Illinois ID card photograph, if available, and signature on the FOID, and must furnish the Department with his driver’s license or Illinois ID card number. The Department must approve or deny the FOID within 30 days, and is authorized to deny the FOID only if the applicant does not meet the listed qualifications. The FOID fee is $5 and it is valid for five years from the date of issuance. The Department shall forward to each FOID holder, a notice of expiration and a renewal notice application, 60 days prior to expiration.

    A FOID may be revoked and seized if the holder made a false statement on the application, is no longer eligible, or whose mental condition poses a clear and present danger to self, others, or community. A written notice must be given with the grounds for denial or revocation and seizure.

    A person whose FOID has been revoked or seized or whose FOID application was denied or not acted upon within 30 days may appeal the decision to the Director of the Department of State Police, unless it was based upon certain violent, drug, or weapons offenses. In that case, the aggrieved person may petition the circuit court in the county of his residence. If the Director upholds the Department’s decision, the applicant may appeal to the courts. Any judicial review generally will be limited to the question of whether the Department’s decision was “arbitrary and capricious.”

    POSSESSION

    It is unlawful to possess any firearm or ammunition without a valid FOID.

    It is unlawful to possess any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, if such weapon as modified has an overall length of less than 26 inches.

    It is unlawful for any person under the age of 18 to possess a handgun, or concealable firearm.

    It is unlawful for the following persons to possess a firearm or ammunition: 1)under 21 who has been adjudged delinquent or been convicted of a misdemeanor other than a traffic offense; 2)is a narcotic addict; 3)within the past 5 years has been a patient in a mental hospital; 4)is mentally retarded; 5)or a convicted felon.

    It is unlawful for any person to possess any firearm with intent to use it unlawfully against another. It is unlawful to possess any firearm in any place licensed to sell intoxicating beverages, or “at any public gathering held pursuant to a license issued by any governmental body,” or at any public gathering (except a gun show) at which an admission is charged. An exception is provided for the owner, manager or an authorized employee of the specified establishments.

    An unemancipated minor is not required to have a FOID in order to possess a firearm or ammunition while under the immediate control of a parent, guardian or other person in loco parentis who has a valid FOID. A person with a FOID card can loan a gun to a non-FOID card owner as long as the gun was used at a range and under the supervision of the owner.

    It is unlawful to possess firearms or ammunition on the grounds or
    building of a school. Exempt are students in firearm training courses,
    parades, hunting, target shooting on school ranges, or otherwise with
    the consent of school authorities and which firearms are transported
    unloaded and enclosed in a suitable case, box, or transportation
    package.

    NOTE: In Chicago it is unlawful to keep any firearm unless it has been
    registered with the Chicago Police at Daley Center. All firearms brought
    into the city must be registered. The registration certificate (valid
    for 1 year) must be carried simultaneously with the firearm, and
    exhibited upon demand of any police officer. Handguns may not be
    registered after 1982. So-called assault firearms may not be registered.

    CARRYING

    It is unlawful to carry or possess any firearm in any vehicle or concealed on or about the person, except on one’s land or in one’s abode or fixed place of business. It is unlawful to carry or possess any firearm on or about one’s person upon any public street, alley, or other public lands within the corporate limits of a city, village, or incorporated town, except when: an invitee thereon or therein; for the purpose of the display of firearms or the lawful commerce in firearms; or when on one’s land or in one’s abode or fixed place of business.

    Exceptions are persons using their firearms on established target
    ranges; licensed hunters, trappers, or fishermen while engaged in their
    licensed activity; transportation of firearms that are broken down in a
    non-functioning state or are not immediately accessible (e.g., in the
    trunk of a car); and transportation, carrying, or possession of a
    firearm which is unloaded and enclosed in a case, firearm carrying box,
    shipping box, or other container, by the possessor of a valid FOID.
    Under the Wildlife Code, it is unlawful to have or carry any firearm in
    or on any vehicle or conveyance unless unloaded and enclosed in a case.

    NON-RESIDENTS

    A non-resident is permitted to possess a firearm without a FOID if it is
    unloaded and enclosed in a case, or if the nonresident is:

    • Hunting and has a non-resident hunting license, while in an area where hunting is permitted.
    • On a target range recognized by the Department of State Police.
    • At a gun show recognized by the Department of State Police.
    • Currently licensed or registered to possess a firearm in his state of residence.

    Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a rifle, shotgun or ammunition for a rifle or shotgun in Illinois. A non-resident who qualifies to possess a firearm under one of the above-listed exceptions may also purchase ammunition.

    ANTIQUES AND REPLICAS

    An antique firearm which “the Department of State Police finds by reason of the date of manufacture, value, design, and other characteristics is primarily a collectors item and is not likely to be used as a weapon” is exempt from the above regulations on purchase.

    MACHINE GUNS

    It is unlawful to sell, manufacture, purchase, possess or carry any weapon from which more than one shot may be discharged by a single function of the trigger, including the frame or receiver of any such weapon. bination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled.

    There is an exception to the above prohibition, providing for the manufacture, transportation, and sale of machine guns to law enforcement and military personnel for official purposes, provided such weapons are “broken down in a non-functioning state or not immediately accessible.”

    This prohibition does not apply to persons licensed to manufacture machine guns or ammunition under federal law and who are actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are in the lawful scope of such business, such as the manufacture, transportation or testing of such weapons or ammunition.

    MISCELLANEOUS

    • It is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a FOID is likely to gain access to the firearm without the lawful permission of the minor’s parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is: (1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or (2) placed in a securely locked box or container; or (3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.
    • It is unlawful for a dealer to sell any handgun “having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other non-homogeneous metal which will melt or deform at a temperature of less than 800 degrees F.”
    • It is unlawful to alter or obliterate any serial number, maker’s name or other identifying mark on any firearm. Possession of a firearm with an altered or obliterated mark raises a legal presumption that the possessor committed the offense.

    Any stolen weapon, if confiscated by police when no longer needed for evidentiary purposes, must be returned to the person entitled to possession, if known.

    • It is unlawful to carry or possess any firearm when a person is hooded or masked.
    • It is unlawful to possess, manufacture or use any metal piercing, dragon’s breath shotgun shell, bolo shell, flechette shell, or explosive bullet.
    • It is unlawful to possess a silencer.
    • It is unlawful to possess or store any firearm on land supported in whole or in part with state or federal funds administered through state agencies or in any building on such land without prior written permission from the chief security officer for such land or building. The chief security officer “must grant any reasonable request for permission.”

    SOURCES:: 430 Ill. Comp. Stat. § 65/1.1 et seq., 520 Ill. Comp. Stat. § 5/2.33(n); 720 Ill. Comp. Stat. § 5/24-1 et seq., and 720 Ill. Comp. Stat. § 5/21-6.

    1. Subject to municipal control. Handguns have been banned in some municipalities.
    2. Chicago requires registration of all firearms.
    3. Carrying a concealed weapon is prohibited entirely. A FOID is required to transport a handgun. See “CARRYING.”
    4. The Sixth Illinois Constitutional Conventions Committee on Bill of Rights in their official commentary interpreted this provision in 1970 as a guarantee that “a citizen has the right to possess and make reasonable use of arms that law abiding citizens commonly employ for purposes of recreation or protection of person and property.” Any use of the police power, the Committee said, that “attempted to ban all possession or use of such arms, or laws that subjected possession or use of such arms to regulations or taxes so onerous that all possession or use was effectively banned, would be invalid.”

    CAUTION: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

    Posted in carry or possess any firearm, Firearms Owner’s Card (FOID), Illinois Gun Laws, Requirements for FOID, UUW | Leave a comment

    U nonimmigrant status, U visa interim rule, Victims of Trafficking and Violence Prevention Act (VTVPA)

    Posted on April 22, 2008 by Mike Baker

    September 5, 2007 – USCIS published an interim rule that grants temporary immigration benefits to certain victims of crimes who assist government officials in investigating or prosecuting the criminal activity.

    U visa regulation.pdf (effective October 17, 2007)

    The interim final rule establishes procedures for applicants seeking U nonimmigrant status and will take effect 30 days after publication in the Federal Register. The “U” classification was created by Congress in the Victims of Trafficking and Violence Protection Act and offers not only protection and temporary benefits to alien victims but also bolsters law enforcement capabilities to investigate and prosecute criminal activity.

    Eligibility for the U nonimmigrant classification is set aside for victims of criminal activity who: suffered substantial mental or physical abuse because of the activity; has information regarding the activity; and is willing to assist government officials in the investigation of the crime. Additionally, the crime must have violated U.S. law or occurred in the United States (including its territories and possessions).

    Individuals granted U nonimmigrant status may remain in the United States for up to four years, and may be accompanied by eligible family members (spouse, children, unmarried siblings under 18, and parents). Not only do eligible petitioners obtain legal status to remain in the country, but will also be provided referrals to nongovernmental organizations for assistance and additional resources, and automatic employment authorization. A total of 10,000 U-visas will be available each fiscal year; however, the congressionally mandated cap does not apply to eligible family members.

    New forms have been developed for petitioners requesting status under this new classification, including Petition for U Nonimmigrant Status (Form I-918) and Petition for Qualifying Family Member of U-1 Recipient (Form I-918, Supplement A).

    The interim final rule will be available for public comment at www.regulations.gov until 60 days after publication in the Federal Register.
    _________________________________________________________
    The U nonimmigrant status allows non-citizen victims of crime to stay in the United States and obtain employment authorization. It was created by the Victims of Trafficking and Violence Prevention Act (VTVPA), enacted in October 2000 and was amended by the Violence Against Women & Department of Justice Reauthorization Act of 2005 (VAWA 2005), enacted in January 2006. The U nonimmigrant status is intended to protect victims of serious crime who have gathered the courage to come forward, report the crime, and assist in its investigation and prosecution. It is available to non-citizens who suffer substantial physical or mental abuse resulting from a wide range of criminal activity, including domestic abuse.

    U nonimmigrant status will be conferred upon eligible individuals in the form of a nonimmigrant visa called the U visa. There is an annual limit of 10,000 U visas per year.

    After three years in U nonimmigrant status, the non-citizen may be able to adjust status to obtain lawful permanent residency (a green card). There are also provisions to grant derivative U nonimmigrant status and permanent resident status to certain spouses, children, siblings and parents of U visa holders.

    1 Pub. L. 106-386, 114 Stat. 1464 (Oct. 28, 2000) [VTVPA].
    2 Pub. L. 109-162, 119 Stat. 2960 (Jan. 5, 2006) [VAWA 2005].
    3 INA §§ 101(a)(15)(U), 214(p), 245(m). 5 INA § 214(p)(2)(A)

    There are four basic eligibility requirements for U visa interim relief:

    • The immigrant has suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity;

    • The immigrant (or in the case of an immigrant child under the age of 16, the parent, guardian or next friend of the child) possesses information concerning that criminal activity;

    • The immigrant (or in the case of an immigrant child under the age of 16, the parent, guardian or next friend of the child) has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and

    • The criminal activity violated the laws of the United States or occurred in the United States.

    Currently, there are three categories of individuals who may be barred from obtaining U interim relief. They are:

    1) individuals with aggravated felonies,

    2) individuals who are already in valid nonimmigrant status and

    3) individuals who fall under one of the grounds of inadmissibility. Potential U interim relief applicants who are in removal proceedings are eligible for U interim relief but must overcome an extra set of hurdles.

    USCIS: News Release: U-visa_05Sept07.pdf
    U visa Regulation.pdf
    U Visa Interim Regulations Fact Sheet and Guidance .pdf
    Adjustment of status for VAWA self-petitioner who is present without inspection
    Revisions to Adjudicator’s Filed Manual Chapter 39 (AFM)
    USCIS Processing update, Nonimmigrant victims of criminal activity, April 10, 2008(AFM)

    Posted in U nonimmigrant status, Victims of Trafficking and Violence Prevention Act (VTVPA) | Leave a comment

    Chicago Immigration Court, Deportation and Removal

    Posted on March 28, 2008 by Mike Baker
    Posted in Chicago District Office, Chicago Immigration Court, Deportation, Immigration Judge, Removal, Removal hearing | Leave a comment