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Nonimmigrant Waivers Not allowed in Immigration Court

Matter of KHAN,  26 I&N Dec. 797 (BIA 2016)
Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under section 212(d)(3)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(3)(A)(ii) (2012), by a petitioner for U nonimmigrant status.

Nonimmigrant waiver

Fee waiver

New waiver

Nonimmigrant waiver by US Immigration Attorney

BIA Says IJs Cannot Adjudicate Section 212(d)(3)(A)(ii) Waiver by Petitioner for U Status

In a precedent decision issued today, the BIA held that IJs lack the authority to adjudicate a request for a waiver of inadmissibility under INA §212(d)(3)(A)(ii) by a petitioner for U nonimmigrant status. The BIA also concluded that the Seventh Circuit’s decision in L.D.G. v. Holder did not expressly find the language of §212(d)(3)(A) to be unambiguous, which would have left no room for agency discretion. Accordingly, the BIA will apply its ruling in this decision to cases nationwide, including cases arising in the Seventh Circuit.

https://californiaimmigration.us/nonimmigrant-waiver-by-u-s-immigration-attorney/

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Court Upholds Finding That Petitioner Falsely Represented Himself as a U.S. Citizen on a Form I-9

The Eighth Circuit denied the petition for review of the denial of the Tanzanian petitioner’s adjustment application, upholding the BIA’s finding that the petitioner intended to falsely represent himself as a U.S. citizen on his I-9 employment eligibility verification form. The court further found that this action constituted a non-waivable violation under INA §212(a)(6)(C)(ii)(I). In addition, the court held that the proceedings were not closed when the IJ admitted the petitioner’s I-9, and that the form’s admission did not violate the petitioner’s due process rights.
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AP: Lawyers Challenge Texas Law on Harboring Immigrants
The Associated Press reports that the Mexican American Legal Defense and Education Fundfiled a federal lawsuit on Monday challenging part of a Texas border security bill that could allow state authorities to target shelters and landlords for harboring undocumented immigrants. The bill, known as HB 11, was signed into law by Texas Governor Greg Abbott last year, and provides that individuals who profit from, encourage, or induce a person to enter or stay in the country illegally “by concealing, harboring, or shielding that person from detection” can be charged with various felony degrees. Jonathan Ryan, AILA member and Executive Director of RAICES, a CARA Project

https://cbocalbos.wordpress.com/tag/form-i-9/

https://cbocalbos.wordpress.com/tag/form-i-9-employment-eligibility-verification-2/

https://cbocalbos.wordpress.com/tag/form-i-912/

https://californiaimmigration.us/directors-of-washington-company-plead-guilty-to-felony-immigration-violations/

Expanded Provisional Waiver

DHS will publish in the Federal Register a final rule that will expand eligibility for provisional unlawful presence waivers to all individuals who are statutorily eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen or lawful permanent resident (LPR) spouse or parent. This final rule adopts the proposed rule published on July 22, 2015, with changes made in response to comments received.

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https://cbocalbos.wordpress.com/tag/expanded-provisional-waiver/

https://cbocalbos.wordpress.com/tag/criminal-waiver/

https://californiaimmigration.us/immigration-reform-becomes-effective/

Fraud waiver approved

Fraud waiver approved for Client who used fake identity documents to obtain residency in the United Kingdom and then used the same documents when he was petitioned by his U.S. citizen wife.  Client can now reenter the United States and join his wife who serves in the U.S. Navy.

Criminal visa fraud

Fraudulent entry

Fraud waiver

The fraud waiver: everything you need to know

Fraud Waiver Granted

Fraud waiver approved for Client who used fake identity documents to obtain residency in the United Kingdom and then used the same documents when he was petitioned by his U.S. citizen wife.  Client can now reenter the United States and join his wife who serves in the U.S. Navy.

Provisional waiver granted for Client who entered the United States without inspection in 2001.  Waiver was based on hardship to his U.S. citizen wife, who he recently married and with whom he has a U.S. citizen daughter.

212h waiver

New waiver

Waivers

U.S. waivers

Another Win for the Law Offices of Brian D. Lerner regarding a Provisional Waiver

Provisional waiver granted for Client who entered the United States without inspection in 2001.  Waiver was based on hardship to his U.S. citizen wife, who he recently married and with whom he has a U.S. citizen daughter.

Waiver granted for client who entered the United States as the unmarried son of a U.S. citizen but was in fact married at the time.  Client stays a lawful permanent resident and can now apply for his U.S. citizenship.

New waiver

Visa waiver

Waivers allowed

ESTA Visa Waiver

Another Win for the Law Offices of Brian Lerner on Waiver

Waiver granted for client who entered the United States as the unmarried son of a U.S. citizen but was in fact married at the time.  Client stays a lawful permanent resident and can now apply for his U.S. citizenship.