You may need to file a motion to re-open and/or reconsider most adverse decisions of the United States Citizenship and Immigration Services, Immigration Court, Administrative Appeals Office and the Board of Immigration Appeals. In most cases, when you receive adverse decision from any of these entities, they will instruct that you may file a motion… Continue reading Motion to Re-open or Reconsider
Category: Law
Administrative Closure in Immigration Cases
“Administrative closure” was generally employed by Immigration Judges and the Board of Immigration Appeals to temporary remove a case from active calendar. The closure may be temporary, may last for many years in some cases, the case may remained closed for ever, unless either party requests a re-calendar. This practice was employed nationwide my immigration… Continue reading Administrative Closure in Immigration Cases
EB-4:Green Card for Ministers of Religion
The Employment-based immigration, Fourth Preference category, covers special immigrants including Religious workers. The “Religious workers” category covers both ministers and other religious workers who are not ministers. While the provision covering religious workers who are not ministers expires and is subject to renewals by Congress, the provision dealing with ministers is permanent. Those that qualify… Continue reading EB-4:Green Card for Ministers of Religion
Political Asylum Based on Membership in a Particular Social group
An applicant for political asylum must meet the definition of a Refugee. To meet that definition, the applicant must demonstrate that he or she is an alien outside his or her country of nationality and is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection… Continue reading Political Asylum Based on Membership in a Particular Social group
Exceptions to the One-Year Filing Deadline for Asylum Application
If you are seeking asylum in The United States, you are required to file your application for Asylum within one year of your last. If you fail to meet the one-year filing deadline, the asylum officer cannot grant your application even if you represented, at your interview, a compelling case for asylum. The Asylum officer… Continue reading Exceptions to the One-Year Filing Deadline for Asylum Application
Removal of Conditions on Permanent Residence – Death of Spouse
Those that obtained their temporary Green card based on marriage to a United States citizen spouse are required to petition for removal of conditions on permanent residence at least 90 days before the expiration of their temporary green card. The question is, what happens if you are unable to file a joint petition because your… Continue reading Removal of Conditions on Permanent Residence – Death of Spouse
Removal of Conditions on Permanent Residence – Waiver of Joint Petition
For those who obtained their temporary green card through marriage, they must petition for removal of conditions on permanent residence 90 days prior to the expiration of their temporary residence or green card. For those who are still married to their United States citizen spouse, they have to file Petition to Remove Conditions on Residence… Continue reading Removal of Conditions on Permanent Residence – Waiver of Joint Petition
Removal of Condition on Permanent Residence – Joint Petition
Generally, if you are married to a United States citizen and you have been married for less than two years at the time your green card was issued, you must have been issued a temporary green card for two years. In that event, you are required to apply for removal of the condition on your… Continue reading Removal of Condition on Permanent Residence – Joint Petition
Green Card as Widow(er) of US Citizen
You may obtain your green card as a widow or widower of a United States citizen; that is, if you are married to a United States citizen and he or she dies before you file or obtain your permanent residence status, you may still get your green card even though your US spouse is deceased.… Continue reading Green Card as Widow(er) of US Citizen
Child Status Protection Act-Family and Employment Adjustment
PURPOSE The purpose of the Child Status Protection Act (CSPA) was to alleviate the hardship faced by certain aliens who were previously classified as children for immigrant visa purposes but who, because of the time required to adjudicate their petitions, turned 21 years old and became ineligible as a result. The Immigration and Nationality Act… Continue reading Child Status Protection Act-Family and Employment Adjustment