NY VISA LAWYER

  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 ...

  Board of Immigration Appeals BIA Precedent Decisions 2015 CALVILLO GARCIA, 26 I&N Dec. 697 (BIA 2015) A term of confinement in a substance abuse treatment facility imposed as a condition of probation pursuant to article 42.12, section 14(a) of the Texas Code of Criminal Procedure constitutes a "term of confinement" under section 101(a)(48)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(B) (2012), for purposes of determining if an offense is a crime of violence under section 101(a)(43)(F) of the Act. CASTRO-LOPEZ, 26 I&N Dec. 693 (BIA 2015) The 10 years of continuous physical presence required by 8 C.F.R. § 1240.66(c)(2) (2015) for aliens seeking special rule cancellation of removal under section 203 of the Nicaraguan Adjustment and Central American Relief Act, Pub. L. No. 105-100, tit. II, 111 Stat. 2160, 2193, 2196 (1997), amended by Pub. L. No. 105-139, 111 Stat. 2644 (1997), should be measured from the alien’s most recently incurred ground ...