NY VISA LAWYER

       A Notice to Appear (“NTA”) initiates removal proceedings by informing the immigrant respondent that they must appear in Immigration Court on a specific day to answer to a charge of removeability.      An NTA is issued as a standard DHS form, Form I-862. The statutory requirements of an NTA can be found at INA § 239 & 8 USC § 1229 as well as the regulatory requirements at 8 CFR §§ 1229 and 1239.1.      Every NTA should include the respondent’s identifying information,4 the nature of the proceedings, the charges of removability and supporting factual allegations, the date and place of removal proceedings, advisals of certain rights and responsibilities, and a certificate of service. The statute and regulations require DHS to include all this information in the NTA.      The NTA will specify the nature of the proceedings in a series of three check boxes under the Respondent’s name and address. The NTA w...

New tool offers convenient, reliable option for noncitizens to update address information as they await immigration court proceedings. When fully live, the new tool may be used by any noncitizen to change their address with ICE online instead of calling the telephone line or going to a field office. To process an online change-of-address, the system requires a full name, A-number and validated non-commercial address. It takes approximately one minute to complete the form. All noncitizens in the United States, except A and G visa holders and visa waiver visitors, must also report a change of address to USCIS within 10 days of moving. Announced April 6, 2023 Learn more at the ICE website or read the ICE Press Release .

 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

  Matter of CHEN , 28 I&N Dec. 676 (BIA 2023) ID 4057  (PDF) (1) The “stop-time” rule under section 240A(d)(1) of the Immigration and Nationality Act, 8 U.S.C. 1229b(d)(1), is not triggered by the entry of a final removal order, but rather only by service of a statutorily compliant notice to appear or the commission of specified criminal offenses, in accordance with the plain language statutory analysis provided in  Niz-Chavez v. Garland , 141 S. Ct. 1474 (2021) ( pdf ). (2) Breaks in physical presence under section 240A(d)(2) of the Immigration and Nationality Act, 8 U.S.C. 1229b(d)(2), continue to be interpreted as distinct from termination of physical presence under the stop-time rule.   Matter of Mendoza-Sandino , 22 I&N Dec. 1236 (BIA 2000)( pdf ),  followed . (3) A respondent claiming a fundamental change in law as the basis for seeking sua sponte reopening must also establish prima facie eligibility for the relief sought.   Mat...

Attorney General Merrick Garland issued a recent decision that restored immigration judges’ authority to terminate removal proceedings in Matter of Coronado Acevedo.  Matter of Coronado Acevedo , 28 I&N Dec. 648 (A.G. 2022) overruled a prior decision by then Attorney General Jeff Sessions that held that immigration judges “have no inherent authority to terminate or dismiss removal proceedings.” Matter of S-O-G- & F-D-B- , 27 I&N Dec. 462 (A.G. 2018) Id. at 463. This prior decision adversely impacted many noncitizens, particularly those with applications for collateral relief pending before U.S. Citizenship and Immigration Services, or USCIS, such as T and U visa applicants, DACA applicants, and Violence Against Women Act self-petitioners. In those decisions the AG relied on his own reasoning from Matter of Castro-Tum , 27 I&N Dec. 271 (A.G. 2018) (a decision he issued earlier this year that restricts IJs’ and Board of Immigration Appeals’  authority t...

  Bona Fide Marriage Exemption Non-citizens who marry U.S. citizens or lawful permanent residents while in removal proceedings must show by clear and convincing evidence that the marriage was entered into in good faith. See INA § 245(e)(3) . What is commonly called, “the bona fide marriage exemption” must be requested in writing and submitted with Form I-130. See 8 C.F.R. § 204.2(a)(1)(iii)(A) . The request must state the reason for seeking the exemption and must be supported by documentary evidence establishing eligibility for the exemption. You must be prepared to address the bona fide marriage exemption early in your case. It is important that you, the couple, document your relationship thoroughly. Evidence of the relationship will be critical to the removal proceedings and to obtaining approval of the visa petition. USCIS checks social media, publicly accessible websites, and other databases during their review of the application. Please make sure that you are no...

  BIA Precedent Decisions From 2016 All of these decisions can be found in their full original form in the Department of Justice - EOIR Virtual Library Here.   Matter of OBEYA , 26 I&N Dec. 856 (BIA 2016) Petit larceny in violation of section 155.25 of the New York Penal Law, which requires an intent to deprive the owner of his property either permanently or under circumstances where the owner’s property rights are substantially eroded, is categorically a crime involving moral turpitude. Matter of Diaz-Lizarraga , 26 I&N Dec. 847 (BIA 2016), followed. Matter of TIMA, 26 I&N Dec. 839 (BIA 2016) A   fraud waiver under  section  237(a)(1)(H)  of  the  Immigration and  Nationality  Act,8    U.S.C.§  1227(a)(1)(H)  (2012),   cannot  waive an  alien’s removability under  section237(a)(2)(A)(i) for  having  been  convicted  of  a  crime  involving ...