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Aggravated Felony BarNormally an Aggravated Felony will disqualify someone from eligibility for an INA 212(h) waiver.AF is NOT a bar to INA 212(h) for a Refugee Who Adjusted to an LPR.  See Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021).➡️ The Fifth, Ninth and E...

WITHHOLDING OF REMOVALA person might not be barred from applying for withholding of removal under INA § 243(b)(3), 8 USC § 1231(b)(3).An aggravated felony conviction will only act as a bar to withholding if: (a) it is classed as a “particularly serious cri...

Form 42ACancellation of Removal for Certain Legal Permanent ResidentsYou can apply for LPR Cancellation of Removal under INA § 240(A)(a) if… A. You obtained LPR status lawfully and do not fall within certain categories. You must not have become an LPR through ...

Immigration Terminology These are terms used within the U.S. immigration law and therefore used on this site. You can use the search function to search for a specific term or scroll down to review the list in alphabetical order below. AdjustmentAdjustment of s...

The following is a list of the aggravated felony offenses listed in INA § 101(a)(43), arranged in alphabetical order. The capital letter following the offense refers to the subsection of § 101(a)(43) where the offense appears. See Practice Advisory on Aggrava...

Commonly Referenced FormsThere are some immigration processes that are often referred to by the number of the associated DHS form.  Some of the forms most commonly referenced in this manner are listed below.  These will often be referred to by the number alone...

Acronyms You may notice a lot of acronyms being used in the discussion of U.S. immigration law. These are some of the most common immigration law acronyms you may have seen/heard.  Any acronym used elsewhere in this wiki is defined below. AAO The Administrativ...

Family Membership Asylum NexusCANNOT BE TARGETING THE FAMILY FOR REASONS UNRELATED TO THEM BEING MEMBERS OF THE SAME FAMILY. The persecution that is targeting a particular family can't be doing so as a means of achieving some other ultimate goal that is unrel...

Family Membership as Particular Social GroupPSG practice advisory_final 7 19 21.pdfNexus_-_Particular_Social_Group_PSG_LP_RAIO.pdfNexusRegardless of whether an asylum applicant seeks protection on account of race, religion, nationality, political opinion, or m...

Summary The Circumventing Lawful Pathways (CLPFR) applies to entries between May 11, 2023 and May 11, 2025 who entered by crossing the US/Mexico border or adjacent coastal borders who traveled through a third country (so all other than Mexicans) if they failed...

Asylum ApplicantsHow long must an asylum applicant with a pending case wait to apply for an initial EAD? The applicant must wait until the application has been pending for 150 days before applying for the EAD, excluding any periods of applicant-caused delay th...

What documentation must be submitted with the EAD application? • Proof of filing with USCIS or the Executive Office for Immigration Review (EOIR); – USCIS receipt notice or ...

What You Need to Know About ICE EncountersWith the second Trump Administration, U.S. Immigration and Customs Enforcement (ICE) may attempt to detain and deport many non-citizens. The following is guidance if you are stopped or arrested by ICE.What are my right...

Aggravated Unlicensed Operation of Motor Vehicle in Violation of New York Vehicle and Traffic Law Section 511(3)(a)(i)Matter of Vucetic, 28 I&N Dec. 276 (BIA 2021)The offense of aggravated unlicensed operation of a motor vehicle in the first degree in violatio...

Lau v. Bondi, No. 21-6623 (2d Cir March 3, 2025)An LPR that is returning to the US after traveling abroad cannot be treated as seeking admission and paroled into the US based on a pending charge of a CIMT. The Second Circuit issued this decision on March 3, 2...

Attempted Assault 2nd Degree In Violation of NYPL 120.05The Second Circuit concluded that a conviction for attempted assault in the second degree is a crime of violence and therefore an aggravated felony. See United States v. Cooper, 23-6911 (2d Cir. March 14,...

DHS' Burden to Prove Alienage is by "Clear, Unequivocal and Convincing Evidence"The First Circuit has determined that Homeland Security must prove alienage by "clear, unequivocal, and convincing” evidence, and that this standard is higher than “clear and conv...

Matter of Carlos Manuel BAEZA-GALINDO, 29 I&N Dec. 1 (BIA 2025)The Board of Immigration Appeals (BIA) has narrowed the instances in which two crimes involving moral turpitude will be considered part of the same scheme. The BIA has said that crimes that immedi...

Money Laundering & the Circumstance-Specific ApproachThe Board of Immigration Appeals has determined that for the purpose of assessing whether an offense constitutes a money laundering aggravated felony, the circumstance-specific approach applies to the requir...

Objection to A Defect in the NTAThe Board has held in Matter of Fernandes, 28 I&N Dec. 605, 610–11 (BIA 2022), that an objection to a noncompliant notice to appear will generally be considered timely if raised prior to the close of pleadings. That decision wa...