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Another win for the Law Offices of Brian D. Lerner

Lawful Permanent Resident granted stand-alone 212(h) waiver after 10 years in Immigration Court.  Client was placed in removal proceedings after returning to the U.S. from a trip abroad because of several California theft convictions.  Client also had previous theft/fraud convictions and an order of deportation.

BIA Says Asylum Grantee Who Adjusts to LPR Status Under INA §209(b) Terminates His or Her Asylee Status

Clarifying Matter of C-J-H-, the BIA held that a noncitizen who adjusts status under INA §209(b) changes his or her status from that of a noncitizen granted asylum to that of a noncitizen lawfully admitted for permanent residence, thereby terminating his or her asylee status. The BIA further held that the restrictions on removal in INA §208(c)(1)(A) do not apply to a noncitizen granted asylum whose status is adjusted to that of a noncitizen lawfully admitted for permanent residence pursuant to INA §209(b).

New Design of Green Cards

U.S. Citizenship and Immigration Services today announced a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.
These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the ones currently in use.
The new card designs demonstrate USCIS’ commitment to continue taking a proactive approach against the threat of document tampering and fraud. They are also part of an ongoing effort between USCIS, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement to enhance document security and deter counterfeiting and fraud.

The new Green Cards and EADs will:
Display the individual’s photos on both sides;
Show a unique graphic image and color palette:
Green Cards will have an image of the Statue of Liberty and a predominately green palette;

EAD cards will have an image of a bald eagle and a predominately red palette;
Have embedded holographic images; and
No longer display the individual’s signature.

TPS recipients are now eligible to adjust.

Affirming the district court’s summary judgment in favor of the appellee, the Ninth Circuit held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence.

3rd Circuit makes it harder to get around aggravated felony bar

The Third Circuit upheld the BIA’s decision and denied the petition for review, finding that an immigrant who is admitted as a lawful permanent resident on a conditional basis (“conditional LPR”) qualifies as “an alien lawfully admitted for permanent residence” for purposes of the aggravated felony bar under INA §212(h).

Are you a returning Resident – but have a crime?

  1. BIA Finds Returning LPR Cannot Be Charged with Inadmissibility Under INA §212(a)
    In a precedent decision, the Board of Immigration Appeals (BIA) held that a lawful permanent resident (LPR) returning to the United States cannot be regarded as seeking admission and may not be charged with inadmissibility under INA §212(a) if he does not fall within any of the exceptions in INA §101(a)(13)(C).

BIA Holds Hague Convention Does Not Apply to LPR Petitioning for Adopted Child

In an unpublished decision, the BIA sustained the appeal and remanded, concluding that when a Lawful Permanent Resident (LPR) petitioner and a U.S. citizen spouse adopt a child together, they may choose either to pursue a Hague Convention adoption route or to pursue the Form 1-130 route through the LPR spouse. The BIA noted that the regulations do not require an LPR adoptive parent to pursue a Convention adoption, even if that LPR is married to a U.S. citizen.

BIA on Burden of Proof and Returning LPRs

The BIA held that to establish that a returning LPR is to be treated as an applicant for admission, the government has the burden of proving by clear and convincing evidence that a §101(a)(13)(C) exceptions applies.

Derivative Citizenship

The court held that for purposes of derivative citizenship under former INA §321(a), the phrase “begins to reside permanently in the United States while under the age of 18 years” requires the status of a lawful permanent resident. (U.S. v. Forey-Quintero, 11/30/10)

“Has been” interpretation in the Cancellation of Removal

For purposes of INA §240A(a) cancellation, the term “has been” lawfully admitted for permanent residence means that the alien must currently possess LPR status. It does not include a person who held that status but has since lost it.

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