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WARNING: Overstaying a voluntary departure period brings severe, unwaivable consequences.See Practice Advisory on Voluntary Departure.8 CFR § 1240.26 - Voluntary Departure§ 1240.26 Voluntary departure—authority of the Executive Office for Immigration Review.(a...

Reinstatement of RemovalIf an alien is found to have reentered the United States illegally after having been previously removed or having left under a grant of voluntary departure under a removal order, the alien may be subject to reinstatement of removal. Rei...

Humanitarian GrantsMatter of L-S-, 25 I&N Dec. 705 (BIA 2012)(1) An asylum applicant who has established past persecution but no longer has a well-founded fear of persecution may nevertheless warrant a discretionary grant of humanitarian asylum based not only ...

Section 240(a)(5)(A) of the Immigration and Nationality Act states that an Immigration Judge may enter a removal order against respondent in their absence, should they fail to appear in court for a scheduled hearing for which they had proper notice. The Respo...

Not Subject to Court ReviewHolding: Revocation of an approved visa petition under 8 U.S.C. § 1155 based on a sham-marriage determination by the Secretary of Homeland Security is the kind of discretionary decision that falls within the purview of Section 1252(a...

💡 The EOIR registration will be the most important because you cannot appear in Court without being registered with the Department of Justice, Executive Office of Immigration Review.RegistrationsTo represent clients in removal proceedings before the EOIR or th...

At a bond hearing conducted pursuant to section 236(a) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1226(a) (2018), the burden of proof is on the respondent to demonstrate “to the satisfaction” of the Immigration Judge and the Board that his “rel...

The BIA can overturn the discretionary decision of an IJ to grant bond. "In this case, we do not agree with the Immigration Judge’s bond determination. Considering the repeated and serious nature of the respondent’s actions, including a driving under the influ...

USCIS FEE WAIVERS How to request a fee waiver;Which fees are waivable;Which filing fees can't ever be waived;Filing fee amounts.Three Basis for Fee WaiverUSCIS evaluates whether the requestor is unable to pay the filing fee based on the following criteria:The ...

FOR INFORMATION ABOUT N-400 FILING FEE WAIVERS Checkout the Filing Fee Waiver Page or the USCIS page for it (https://www.uscis.gov/i-912). A Form I-912 Application for a Filing Fee Waiver is separate and distinct from the reductions discussed here. Form I-912 ...

This is how you should calculate your household size for purposes of an Affidavit for Support for USCIS and understanding the HHS Poverty Guidelines.WHO COUNTS AS PART OF YOUR HOUSEHOLD?You count someone as part of your household size if that person is:You;The...

USCIS FILING FEESFor the most up-to-date information make sure to check the comprehensive list of fees by viewing, Fee Schedule, Form G-1055.USCIS Frequently Asked Questions About Filing Fees WebpageForm G-1055, Fee Schedule07/31/2024 04:27 PM EDTEdition Date:...

Legal Citations GenerallyWhen filing papers before EOIR, parties should keep in mind that accurate and complete legal citations strengthen the argument made in the submission. This Appendix provides guidelines for frequently cited sources of law. EOIR generall...

Exceptions to the Circumvention of Lawful Pathways RulesThe rule makes the right to seek asylum conditioned upon being denied asylum in a country the individual traveled through on his or her way to the United States, assuming the country is a signatory to the...

In December 2004, the United States and Canada agreed to begin the implementation of the Safe Third Country Agreement between the two countries.As a result, most asylum-seekers must apply for asylum in whichever of these two countries they land in first. That ...

INA § 208 (8 USC 1158) AsylumAuthority to apply for asylum1. In generalAny alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the Uni...

(A) General crimes(i) Crimes of moral turpitudeAny alien who-(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) a...