Search Results

42A CANCELLATION OF REMOVAL Practice Advisory Helpful practice advisory with information about eligibility requirements.  https://www.ilrc.org/sites/default/files/resources/relief_cancellation_removal_lpr_11.2020.pdf INA § 240(A)(a) INA § 240A (8 ...

REGULATIONS 8 CFR §1208.4 Filing the application 8 CFR § 1208.4(a)(4) Changed Circumstances (i) The term “changed circumstances” in section 208(a)(2)(D) of the Act shall refer to circumstances materially affecting the applicant's eligibility for asylum. The...

Credibility When applying for relief or protection from removal, an applicant has the burden of proof. INA § 240(c)(4)(A). In all applications for relief, the Court must first make a threshold determination of an applicant’s credibility. INA § 241(b)(3)(C); M...

Fourth Circuit Case Law on Credibility   When making an adverse credibility finding, the Court must provide “specific, cogent reason[s].” Figeroa v. INS, 886 F.2d 76, 78 (4th Cir. 1989). “Examples of specific and cogent reasons include inconsistent statement...

FAMILY-BASED VISA PETITIONS PARENTS PETITIONING FOR CHILDREN The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is an unmarried person under 21 years of age. A “son” or “daughter”...

BURDEN OF PROOF FOR A VISA A. Burden of Proof The burden of proof to establish eligibility for an immigration benefit always falls solely on the benefit requestor.[1] The burden of proof never shifts to USCIS. Once a benefit requestor has met his or her...

Family Based Immigration A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is...

Establishing Eligibility For Asylum Legal Authorities Statutes Immigration and Nationality Act (INA) INA §§ 101(a)(42)(A), 208(b)(1) Title 8 of the U.S. Code Regulations Title 8 of the Code of Federal Regulations (8 C.F.R.) 8 C.F.R. §...

What is persecution? Severe harm or suffering May involve physical violence Non-physical violence may also constitute persecution Example: deliberate imposition of severe economic disadvantage or deprivation of liberty, food, housing, employment, or edu...

Establishing that the Government is "Unable or Unwilling" to Protect the Respondent  REQUIREMENT An applicant for asylum and withholding of removal has the burden to establish past persecution or fear of future persecution “on account of race, religion, nati...

PSG REGULATIONS 8 CFR 208.1(c) Particular social group. For purposes of adjudicating an application for asylum under section 208 of the Act or an application for withholding of removal under section 241(b)(3) of the Act, a particular social group is one that...

LGBT Particular Social Group The applicant must prove that the persecution they fear in the future is motivated by their actual or imputed membership in a PSG. Since 1994, when Attorney General Janet Reno designated Matter of Toboso-Alfonso as precedent, “hom...

  SECOND CIRCUIT   Resistance to Female Subordination to Male Dominance in El Salvador Hernandez Chacon v. Barr, No. (2d Cir. Jan. 23, 2020): “resistance to the norm of female subordination to male dominance that pervades El Salvador.” • “There is ample e...

Formulating a PSG During the past decade, it has become increasingly important that attorneys formulate PSGs carefully and with a clear understanding of the current law in their jurisdictions. Moreover, since PSG claims are now more likely to result in federa...

Dual Citizens Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d Cir. 2022) Case Summary Petitioners sought review of a December 14, 2018, decision of the Board of Immigration Appeals (the "BIA") affirming a decision of an Immigration Judge (the "IJ") denying ...

TERMINATION OF REMOVAL PROCEEDINGS FOR NATURALIZATION A noncitizen *does not*need to submit proof of a pending naturalization application to seek termination for naturalization. 8 CFR § 1003.1(m)(1)(ii)(B), 1003.18(d)(1)(ii)(B).The new regulations establish t...

Filing Fees (changed in 2024) ~NO BIOMETRICS FEE~ Standard Filing Fee: $760  Standard Online Filing Fee: $710 Reduced Filing Fee:  $380     (Applicants with a household income between 150% - 400% Poverty Guidelines) Fee Waiver:  $0 (Applicants with househol...

STUDY FOR THE CIVICS TEST Preparing for the Naturalization Test: A Pocket Study Guide English All 100 Civics Questions & Their Answers Civics Practice Test (English) [Tarjetas de Educación Cívica para el Examen de Naturalización](Tarjetas de Educación Cívi...

EXCEPTIONS TO THE ENGLISH EXAMINATION FOR US CITIZENSHIP Exceptions [INA 312(b)] Educational Requirements     **English:   Read, write, speak, and understand** **Civics:   Knowledge of U.S. history and government**     Ag...

CHANGES TO N-400 FILING FEE IN 2024 - PDF 2024 changes to N400 filing fees.pdf 2024 changes to N400 filing fees.pdf 2024 changes to N400 filing fees.odt ODT FILE (word file) FILING FEE AMOUNTS Standard Filing Fee: $760 Standard Online Filing Fee: $710 ...