Certain non-permanent residents who have been in the United States for 10 years and are subject to removal in Immigration Court may apply for relief called cancellation of removal.
Asian Journal- The Filipino-American Community Newspaper
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Nov 21st
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Immigration Atty. Crispin Lozano
Immigration Atty. Crispin Lozano
Atty. Crispin Lozano
When will annulment of marriage be retroactive?
Question: When will an annulment of marriage be retroactive?
Answer: In Matter of Astorga (BIA 1979) the Board of Immigration Appeals ruled that in the absence of fraud or misrepresentation, a decree obtained ab initio to annul first marriage is legal and will relate back to cure defects of the petition. This is in the case of visa petition proceedings only and not in deportation or exclusion proceedings.
Consequences of denied form I-751 petition to remove condition on residence
Question: What are the instances where the USCIS may terminate conditional residence and initiate removal proceedings?
February 2009 visa news
In this issue, we will discuss the visa bulletin for February 2009, and other important developments in immigration.
February 2009 State Department Visa Bulletin
If you are checking the status of your priority date, the Department of State is presently processing the following petitions with priority dates earlier than indicated below.
Motion to reopen based on marriage may be granted
Question: What is a motion to reopen?
Answer: A motion to reopen is a request to the Board of Immigration Appeals to reopen a case when an alien has been ordered by an Immigration Judge or the Board of Immigration Appeals (BIA) removed from the United States
New EOIR rule on voluntary departure
THE Executive Office of Immigration Review (EOIR) issued a new rule about voluntary departure relief in immigration court. The new rule will allow immigrants to file motion to reopen and reconsider after a persons removal proceeding has ended in immigration court. The significance of the new rule is that if a person has found a new relief such as adjustment of status ( by marriage to a US citizen or preference visa petition becoming current) after the end of the removal hearing he still has the opportunity seek such relief by filing a motion to reopen or reconsider.
Late amnesty settlement allows new filing by 2009
QUESTION: What is the new late amnesty settlement?
Answer: On November 3, 2008, the government accepted the settlement on the class action suit filed by Northwest Immigrants Rights Projects, et al v. USCIS in Seattle Washington. The class action suit is filed on behalf of amnesty applicants who were denied applications because their status as illegal immigrants is not known to the government. The application period to file a new application is from February 1, 2009 to January 31, 2010.
January 2009 Visa News
IN this issue, we will discuss the visa bulletin for January 2009, and other important developments in immigration.
January 2009 State Department Visa Bulletin.
CSPA now applies retroactively to F-2A and derivatives
QUESTION: What is the current position of USCIS on CSPA with regards to F2A and derivative beneficiaries (dependent of principal applicant)?
Answer: On May 6, 2008, the USCIS started to apply CSPA retroactively to those F-2A and derivative beneficiaries. Beforehand, the USCIS interpretation is that CSPA is not retroactive.
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