Geygan & Geygan, Ltd.

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Proving a Brother – Sister Relationship

March 29, 2016 by Thomas Geygan

CourtBldgUSCIS issued a policy memorandum regarding sibling-to-sibling DNA test results, entitled “DNA Evidence of Sibling Relationships for Service Centers, Domestic and International Field Offices.” , PM-602-0106 (Oct. 17, 2014). The memorandum stated, among other things, that the USCIS “may not afford any evidentiary weight” to sibling-to-sibling DNA test results and will only consider parent-child DNA test results for each claimed sibling with a claimed common parent.

USCIS “learned that there is no universally accepted standard for relationship probability in sibling-to-sibling DNA testing” through consultation with its scientific resources, including the DHS’s Science and Technology component, the National Institute of Science and Technology, and the AABB.

However, the Board of Immigration Appeals (BIA) found in Matter of Nejat Ibrahim RUZKU, direct sibling-to-sibling DNA test results reflecting a 99.5 percent degree of certainty or higher that a full sibling biological relationship exists should be accepted and considered to be probative evidence of the relationship. The BIA did not hold that sibling-to-sibling DNA test results reflecting any particular percentage probability will alone be sufficient to establish a claimed full sibling relationship. Rather, the BIA would generally expect that other evidence of the sibling relationship would be submitted and that all the evidence, including DNA test results, would be considered in its totality. The weight to be accorded any particular DNA test results will depend on the degree of certainty that is reflected in those results.

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Filed Under: AOS Family, Family based Immigration, Family Visas, Immigration Court

Big Changes to Permanent Residence Application Process

September 9, 2015 by Thomas Geygan

AnnouncementUSCIS announced today that, in conjunction with the Department of State (DOS), it is revising the procedures for determining when an application for adjustment of status may be filed, thus implementing part of President Obama’s November 2014 executive actions on immigration. Starting with the Visa Bulletin for October 2015, there are two important dates listed on the monthly Visa Bulletin: the “filing date,” which determines when individuals can submit their permanent residence applications, and the “final action” date, which indicates when DOS or USCIS can make a decision on the applications.

 

  • Now there are two important dates listed on the monthly Visa Bulletin: the “filing date,” which determines when individuals can submit their permanent residence applications, and the “final action” date, which determines when the Department of State or USCIS can make a decision on the applications.
  • If the immigrant has a “priority date” earlier than the listed “filing date” for their particular visa category and country, they will be able to file their applications for permanent residence earlier than they would have been allowed under the old process. However, they will still have to wait for the “final action” date to become current before permanent residence can be approved.
  • For people who are in the United States stuck in the long visa backlogs, this means they will be able to receive employment authorization and travel documents while they await final action on their cases.
  • Though most individuals stuck in the employment-based backlogs already have employment authorization through an existing temporary visa, this procedural change will give them greater flexibility and job mobility while allowing them to maintain their status.
  • Individuals stuck in the family-based backlogs will be able to seek employment while waiting their final determination, bringing more economic stability to these families-though in most cases it will only reduce their wait for employment authorization by a matter of a few months or a year.

Thomas J. Geygan, Jr.

Tom is the owner of Geygan & Geygan, Ltd. and has been practicing law since 1998. He likes to focus on immigration. He can be reached at 513-791-1673 or email at ThomasJr@geygan.com

 

Filed Under: AOS Employment, AOS Family, AOS Marriage, Employment, Family based Immigration, Family Visas, Green Card, Green Card

AAO reversed an I-212 waiver denial

March 31, 2015 by Thomas Geygan

ImmCt1In a non-precedent decision, the AAO reversed an I-212 waiver denial, finding applicant’s lack of criminal record, approved Form I -130, and hardship to both the applicant and her USC spouse outweigh her 53 days of being out of status and unauthorized employment.

On appeal, the applicant asserts that the Field Office Director made several legal errors, including failing to consider the applicant’s many favorable factors, the lack of unfavorable factors, evidence of hardship submitted, and the cumulative effect of hardship on the applicant and her spouse. In addition, the applicant asserts that the Field Office Director applied an extreme hardship standard instead of the required balancing of equities standard; and that her favorable factors outweigh her adverse factors.

The record also reflects that the applicant has expressed remorse for her actions and that she has paid taxes on her earnings as a nanny while in the United States. In addition, the applicant submits statements from friends and family describing her good character. The unfavorable factors in this case include the applicant’s period of unauthorized stay during her last visit to the United States and her brief period of unauthorized employment. We note that the applicant was out of status for 53 days, a relatively short period of time. After a careful review of the record, we find that the applicant has established that the favorable factors outweigh the unfavorable factors in her case and that a favorable exercise of the Secretary’s discretion is warranted. In weighing the favorable and unfavorable factors, we determined that certain favorable factors were not after-acquired equities. In addition, although less weight was given to the applicant’s after-acquired equities, these equities were still considered relatively significant due to the nature of the hardship detailed in the record.

It is important to remember what your rights of appeal are and the legal test.  We often review decisions of USCIS and appeal those decisions based upon the application of a wrong legal standard, or failure to take into consideration all of the evidence.  If you believe your case was improperly denied, please contact our office to discuss your rights to appeal.

 

Filed Under: AOS Marriage, Family based Immigration, Family Visas, Green Card, Soap Box, TIPs

NVC No Longer Requires Original Documents

November 15, 2014 by Thomas Geygan

GeyganKeyboardSubject: National Visa Center No Longer Collecting Original Civil Documents

1. Summary. The National Visa Center (NVC) will cease collecting original civil documents in support of immigrant visa (IV) applications as of November 12, 2014. Most applicants will be required to submit photocopies of supporting documents (such as birth, marriage, and police certificates) and will be instructed to take their original documents to their interviews for review. This does not include Affidavit of Support forms, which petitioners will still submit to NVC for initial evaluation. End Summary.

New Instructions to Applicants

2. After applicants and petitioners collect the Affidavit of Support form(s), financial evidence,
and supporting civil documents, they are instructed to submit all of the documents to NVC. As of November 12, 2014, applicants at non-electronic processing posts will be instructed to submit photocopies of their civil documents by mail. NVC will review the copies and, when the case is documentarily complete, will place the copies into the file, which will be sent to post, increasing the number of cases that are documentarily qualified. When the appointment is scheduled, NVC will instruct applicants to bring their original documents to the interview for evaluation and final case processing. Original Affidavit of Support forms will still be submitted to NVC for initial evaluation. Applicants at designated electronic processing posts will continue to submit their documents via email.

3. NVC anticipates this change will maintain the integrity of the IV process, reduce customer wait times, and improve the customer experience overall.

Filed Under: Adoption, AOS Family, AOS Marriage, Employment Visas, Family based Immigration, Family Member, Family Visas, Green Card, Green Card, Immigration

In-Country Refugee/Parole Program for Minors in El Salvador, Guatemala, and Honduras With Parents Lawfully Present in the United States

November 15, 2014 by Thomas Geygan

CrimigrationThe United States is establishing an in-country refugee/parole program in El Salvador, Guatemala, and Honduras to provide a safe, legal, and orderly alternative to the dangerous journey that some children are currently undertaking to the United States. This program will allow certain parents who are lawfully present in the United States to request access to the U.S. Refugee Admissions Program for their children still in one of these three countries. Children who are found ineligible for refugee admission but still at risk of harm may be considered for parole on a case-by-case basis. The refugee/parole program will not be a pathway for undocumented parents to bring their children to the United States, but instead, the program will provide certain vulnerable, at-risk children an opportunity to be reunited with parents lawfully resident in the United States.

Applications for this program are initiated in the United States. Beginning in December 2014, a parent lawfully present in the United States will be able to file Department of State form DS-7699 requesting a refugee resettlement interview for unmarried children under 21 in El Salvador, Guatemala, or Honduras. Under certain circumstances, if the second parent resides with the child in the home country and is currently married to the lawfully present parent in the United States, the second parent may be added to the child’s petition and considered for refugee status, and if denied refugee status, for parole. Form DS-7699 must be filed with the assistance of a designated resettlement agency that works with the U.S. Department of State’s Bureau of Population, Refugees, and Migration to help resettle refugees in the United States. The form will not be available on the Department of State website to the general public and cannot be completed without the assistance of a Department of State-funded resettlement agency. These resettlement agencies are located in more than 180 communities throughout the United States. When the program is launched, the Department of State will provide information on how to contact one of these agencies to initiate an application.

Once a form DS-7699 has been filed, the child in his/her home country will be assisted through the program by the International Organization for Migration (IOM), which manages the U.S. Resettlement Support Center (RSC) in Latin America. IOM personnel from the RSC will contact each child directly and in the order in which the forms filed by lawfully present parents have been received by the U.S. Department of State. IOM will invite the children to attend pre-screening interviews in their country of origin in order to prepare them for a refugee interview with the Department of Homeland Security (DHS). DNA relationship testing will be required to confirm the biological relationship between the parent in the United States and the in-country child. After the IOM pre-screening interview but before the DHS interview, the lawfully present parent in the United States will be notified by IOM via the resettlement agency about how to submit DNA evidence of the relationship with their claimed child(ren) in El Salvador, Guatemala, or Honduras. If DNA relationship testing confirms the claimed relationship(s), IOM will schedule the DHS refugee interview.

DHS will conduct interviews with each child to determine whether he or she is eligible for refugee status and admissible to the United States. All applicants must complete all required security checks and obtain a medical clearance before they are approved to travel as a refugee to the United States. IOM will arrange travel for the refugee(s) to the United States. The parent of the child will sign a promissory note agreeing to repay the cost of travel to the United States. Approved refugees will be eligible for the same support provided to all refugees resettled in the United States, including assignment to a resettlement agency that will assist with reception and placement, and assistance registering children in school.

Applicants found by DHS to be ineligible for refugee status in the United States will be considered on a case-by-case basis for parole, which is a mechanism to allow someone who is otherwise inadmissible to come to the United States for urgent humanitarian reasons or significant public benefit. In order for the applicant(s) to be considered for parole, the parent in the United States will need to submit a Form I-134, Affidavit of Support, with supporting documentation to DHS. An individual considered for parole may be eligible for parole if DHS finds that the individual is at risk of harm, he/she clears all background vetting, there is no serious derogatory information, and someone has committed to financially support the individual while he/she is in the United States. Those children and any eligible parent considered for parole will be responsible for obtaining and paying for a medical clearance. An individual authorized parole will not be eligible for a travel loan but must book and pay for the flight to the United States. Parole is temporary and does not confer any permanent legal immigration status or path to permanent legal immigration status in the United States. Parolees are not eligible for medical and other benefits upon arrival in the United States, but are eligible to attend school and/or apply for employment authorization. Individuals authorized parole under this program generally will be authorized parole for an initial period of two years and may request renewal.

It is anticipated that a relatively small number of children from Central America will be admitted to the United States as refugees in FY 2015, given the anticipated December launch and the length of time it takes to be processed for U.S. refugee admission. Any child or parent admitted as a refugee will be included in the Latin America/Caribbean regional allocation of the U.S. Refugee Admissions Program, which is 4,000 for FY 2015. If needed, there is some flexibility within the U.S. Refugee Admissions Program to accommodate a higher than anticipated number from Latin America in FY 2015.

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There are some people that will be running scams and trying to take advantage of people with this program.  Please click this link to see a video on spotting immigration scams!

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Filed Under: AOS Family, Asylum, Family based Immigration, Family Member, Family Visas, Green Card, Reform/New Laws, Soap Box

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