The PM notes that traveling on advance parole with an adjustment application pending also does not trigger the unlawful presence bar, as set forth in the precedent decision, the Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012) [PDF version].
Office of the General Counsel, Michael A. Pearson As a Refugee (it is someone who was admitted into the US in a refugee status).
Official Website of the Department of Homeland Security, USCIS Response to Coronavirus 2019 (COVID-19). The Board remanded to the IJ and later held in. BIA Holds That, Per INA §235(b)(2)(C), One Who Is Arriving On Land From A Contiguous Foreign Territory May Be Returned To That Country By DHS Under The Migrant Protection Protocols, Regardless Of Whether He Or She Arrives At Or Between A Designated Port Of Entry. ���m�Ӥ'9iiҧ���~s�沛�W��.�>_��������D�裐K���*ls���m�H�����9mޟ�\������ׯ����U�`�%U�%����yuqP�� An Asylee Who Adjusts Status Per INA § 209(b) Transitions to Lawful Permanent Resident, Thus Terminating His Or Her Asylee Status. PL&A will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences. §§121292.12(e),1292.16(f), And 1292.17(d) Is Otherwise Mandatory And Not Subject To Equitable Tolling. PL&A will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. A Public Official, Regardless Of Rank, Acts “Under Color Of Law” When He “Exercise[s] Power Possessed By Virtue Of…Law And Made Possible Only Because [He Was] Clothed With The Authority Of…Law” West v. Atkins, 487 U.S. 42, 47 (1988)(Quoting United States v. Classic, 313 U.S. 299, 326 (1941)).
329 0 obj <>stream The unlawful presence bars, if triggered, may then be waived in the context of an asylee adjustment application under section 209(c). There is no evidence suggesting that negative factors would weigh against the discretionary decision to grant the waiver;
In the Matter of K-A-, 23 I&N Dec. 661 (BIA 2004) [PDF version], the Board distinguished its decision from the Matter of H-N-.
For asylees, inadmissibility is only an issue for eligibility in the context of applying for adjustment of status. Unless Overruled By Subsequent Precedent Or Superceded By Statute, Regulation, Or Binding Federal Court Decision, Prior Precedent Decisions Of The BIA Remain Binding In Recognition And Accreditation Proceedings After January 18, 2017, Including Consideration Of Requests For Reconsideration Per §§1292.13(e), 1292.16(f), or 1292.17(d) And Administrative Review Conducted Under § 1292.18. h�b```c``Z������� ̀ ��@Q����0000���� �;��J ��� F!N��/3L�}���WMsc�k������i)H���p9X�6 if��(�e��� �T , found respondent’s asylee status terminated by his adjustment and certified the record to the BIA, which affirmed. Washington D.C.: AILA Publications, 2014. Attorney General Holds That, Under DOJ Regulations Implementing The Convention Against Torture (CAT), An Act Constutues “Torture” Only If It Is Inflicted Or Approved By A Public Official Or Other Person “Acting In An Offical Capacity.” 8 C.F.R.§1208.18(a)(1). The BIA did not back down, concluding that “the statutory language, as well as the relevant regulatory provisions, case law, and legislative history” mandate a finding that an asylee who adjusts loses the status of one granted asylum and thus the restrictions of INA § 208(c)(1)(A), which protect asylees from return to their original country of nationality or last residence, no longer apply to such person. Attorney General Extends Briefing Schedule In A Case Where He Had Referred A Decision Of The BIA To Himself For Review. If a refugee presents the departure portion of a Form I-94A containing an unexpired refugee admission stamp or a computer-generated printout of Form I-94 with an admission class of “RE,” the employer must accept it as a receipt for a List A document establishing both employment authorization and identity for 90 days. All waiver applications for asylees and refugees are filed on the Form I-602, Application by Refugee for Waiver of Grounds of Excludability. asylee are in the United States and not included in the asylum application, the asylee may file a petition (Form I-730) to have them also given asylum status. Attorney Advertising: prior results do not guarantee similar outcomes. This distinction leads to certain issues particular to asylees and to refugees regarding waivers of inadmissibility. No Waiver Available: -- Controlled Substance Trafficker, INA .
In this article, we will focus on the relevant statutes, regulations, and other administrative guidance in order to explain the waiver of inadmissibility provision for asylees and refugees in section 209(c) of the INA.
While the Office of Headquarters Asylum is reviewing the specific facts of the case, the POE may proceed with any action relating to the exercise of discretion to refuse admission if there is another statutory basis of inadmissibility, permit withdrawal, or grant parole for deferred inspection. This is provided for in statute by section 212(a)(9)(B) of the INA.
©2020 Philip Levin & Associates, Prof. Corp. All Rights Reserved. An asylee is a person who meets the definition of refugee and is already present in the United States or is seeking admission at a port of entry. The officer has access to sufficient information through USCIS records and other information to assess eligibility for the waiver; An asylee is a person who meets the definition of refugee and is already present in the United States or is seeking admission at a port of entry. There is no other administrative review unless the non-citizen testifies that he or she already has been admitted as a permanent resident, a refugee, or an asylee. , 26 I&N Dec. 284 (BIA 2014) that one who is granted asylum but later adjusts status is no longer an asylee. An immigration officer at a POE may have reason to question whether an alien applicant admission is inadmissible under 212(a)(9)(B)(i)(I) due to departure from the United States after the accrual of unlawful presence or more than 180 days but less than one year prior to the commencement of proceedings, or under INA 212(a)(9)(B)(i)(II) due to departure from the United States after the accrual of one year or more of unlawful presence, and whether the alien qualifies for any of the statutory exceptions at INA 212(a)(9)(B)(iii). Copyright © 1993-2020 The Headquarters Office of Asylum shall notify the District Director having jurisdiction over the POE whether the asylum application has been located and whether it was bona fide.
The appeal was accordingly dismissed. It thus followed, held the BIA, that if any asylee who adjusts no longer has the status of one granted asylum, he or she is no longer protected by § 208(c)(1)(A)’s bars to removal. At 7 USCIS-PM L.3(B), the USCIS explains that while waivers granted to refugees at the time of refugee admission generally carry over to an adjustment application, there is one exception. PL&A will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.
If the waiver application of a refugee seeking initial admission as a refugee is denied, 8 C.F.R. A list of standard questions to be posed to the alien applicant appears as an attachment to this memorandum. - No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States. Below are the annual flow reports on Refugees & Asylees.
Share sensitive information only on official, secure websites. 0 Executive Associate Commissioner 2006) [PDF version] the Fifth Circuit held, in upholding Matter of Jean, that the standard set forth by the Attorney General was “fact-based” and not “categorical.” This means, for example, that committing an aggravated felony would not automatically render an individual subject to the exceptional and extremely unusual hardship standard. If the applicant is subject to a ground of inadmissibility, an attorney will be able to help the applicant address that by providing evidence to support the applicant's case for eligibility for a waiver under section 209(c). Phone: (212) 202-0342 ", Standard Questions for Aliens Seeking Exception to Inadmissibility Based on INA 212(a)(9)(B)(iii)(II), American Immigration Lawyers Association