NY VISA LAWYER

  Matter of DUARTE-GONZALEZ , 28 I&N Dec. 688 (BIA 2023) Noncitizens who are inadmissible for a specified period of time pursuant to section 212(a)(9)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(B)(i), due to their previous unlawful presence and departure are not required to reside outside the United States during this period in order to subsequently overcome this ground of inadmissibility.  Link to decision. 

  Biden's Proposed Asylum Ban Will Deny Individuals the Meaningful Ability to Seek Protection The rule may even violate international law as the U.S. will be refusing to provide adequate protections to individuals that may be in serious danger of a persecution in their home country and are entitled to protections under  The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("CAT"). The proposed rule that bans individuals from applying for asylum in the U.S. if they passed through Mexico on their way to the U.S. could have a significant impact on asylum seekers' ability to seek protection in the U.S. There are several ways in which this rule could deprive individuals of the meaningful ability to seek protection: It would limit access to the asylum process: By barring individuals who passed through Mexico from applying for asylum in the U.S., the rule would effectively close the door to the asylum process for many p

 Pereira v. Sessions, 138 S. Ct. 2105 (2018), and Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021), are inapplicable to proceedings initiated by a Notice to Applicant for Admission Detained for Hearing Before Immigration Judge (“Form I-122”) and other charging documents issued prior to the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of Pub. L. No. 104-208, 110 Stat. 3009- 546. Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021), followed. LINK TO THE DECISION

USCIS Policy Manual updated to calculate CSPA age based on date of filing. Update Posted on the USCIS Website, February 14, 2023. USCIS issued updated guidance regarding when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under the Child Status Protection Act (CSPA).  Prior to this, USCIS considered a child’s age “frozen” if a visa number was available under the Final Action Date Chart of the Visa Bulletin at the time the I-485 application was filed. If a visa number was not available under the Final Action Date Chart of the Visa Bulletin, they may still be eligible to file their application for adjustment of status (to obtain a green card)based on the Dates for Filing Chart of the Visa Bulletin. In that scenario, a noncitizen may file their application when the Dates for Filing Chart indicated but ultimately not be eligible because the Final Action Date Chart did not advance sufficiently Under the USCIS Policy Manual as updated,

USCIS sent out an email linking to their new page with this checklist. The USCIS.gov website states: Please do not submit this checklist with your Form I-485. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations. You may view the form instructions at uscis.gov/i-485 . If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English. There are three different checklists depending on the basis for which the applicant is filing their I-485 appl

ASYLUM In order to prove eligibility for asylum in the United States, an individual must show that they meet the definition of a refugee as defined by the Immigration and Nationality Act (INA). According to the INA, a refugee is a person who is unable or unwilling to return to their country of origin because of a well-founded fear of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion. To prove eligibility for asylum, an individual must provide credible and convincing evidence that demonstrates their fear of persecution is real. This can include, but is not limited to: Testimony from the asylum seeker about their experiences and fear of persecution Documentation or other forms of evidence supporting the asylum seeker's claims, such as newspaper articles or medical records Expert testimony or reports from experts in the relevant field who can provide context and support the asylum seeker's claims It is important

  New York State does allow for these immigration assistance services to operate providing limited services, but it is regulated by NY law and THEY ARE NOT PERMITTED TO PROVIDE LEGAL ADVICE.  There are registration requirements and requirements for how they advertise, post notices, inform clients of their rights, and there is a list of services they cannot offer.   These service providers must hold a surety bond in the amount of $50,000 to protect clients who may be harmed by their services, and they are subject to fines and other legal action for violating those guidelines. 

DHS Fact Sheet Implementation of the Credible Fear and Asylum Processing Interim Final Rule From DHS Website LINK , LINK On May 31, 2022, the Department of Homeland Security (DHS) and Department of Justice (DOJ) began implementing a rule to ensure that those subject to expedited removal who are eligible for asylum are granted relief quickly, and those who are not are promptly removed. Due to existing court backlogs, the process for hearing and deciding these asylum cases currently takes several years on average. By establishing a process for the efficient and thorough review of asylum claims, implementation of the rule will help reduce existing immigration court backlogs and will shorten the process to several months. Interim Final Rule The March 2022 interim final rule (IFR) titled “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers” (sometimes referred to as the Asylum Officer Rule) authorize