Geygan & Geygan, Ltd.

A Cincinnati Immigration Law Firm

  • Home
  • About Us
    • Directions
      • Geygan & Geygan, Ltd.
      • Cleveland Immigration Court
      • USCIS Cincinnati Field Office
    • Why I do what I do
  • Immigration
    • Family Immigration Home
      • K-1 Petition for Alien Fiancé(e)
      • Marriage Green Card
      • Removal of Conditions on Status (I-751)
    • Investment Immigration
      • E-2 Treaty Investor Visa
      • EB-5 Visas
    • Employment Immigration
      • Employment-Based Immigration: First Preference EB-1
      • Employment-Based Immigration: Second Preference EB-2
      • Employment Immigration H-1B
    • Naturalization 2021
    • Preventing Deportation
      • Immigration Court Video
      • Immigration Law Violations
      • Cancellation of Removal
      • I-212 Waivers
      • I-601 Waiver of Inadmissibility
    • Work Card or Employment Authorization Document
    • Nonimmigrant Options
      • H-1B Visas For Specialty Occupations, Like Yours
      • The B Visas: Business or Pleasure?
      • Types of Visas for Temporary Visitors
      • E-1/E-2 Eligibility Requirements
        • The E-1 Treaty Trader Visa
          • E-1 Treaty Traders Details
        • E-2 Treaty Investor Visa
    • I-601A Provisional Unlawful Presence Waiver
    • I-601 Waiver of Inadmissibility
    • Criminal Law and Immigration
    • Temporary Protected Status
    • USCIS Processing Times Calculator 2021
  • Legal Information
  • Archive & Site Map
  • Client Portal

USCIS To Deny Cases That Do Not Have Enough Evidence When Filed

July 17, 2018 by Thomas Geygan

U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility.

This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary injunctions issued by courts in California and New York, this new PM does not change the RFE and NOID policies and practices that apply to the adjudication of DACA requests.

“For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits,” said USCIS Director L. Francis Cissna. “Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws.”

The 2013 PM addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 PM limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.

The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.

USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated.
If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:

Waiver applications submitted with little to no supporting evidence; or
Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

Filed Under: AOS Family, AOS Marriage, I-751, K-1, N-400, Waiver

Non-Citizens Charged with Criminal Offenses Face Difficult Laws

April 30, 2018 by Thomas Geygan

 

shadow-ornament

United States immigration laws are complex and difficult. A non-U.S. citizen (non-USC) facing a criminal matter will need both a criminal defense lawyer and an immigration lawyer. Once the criminal issue is resolved, the non-USC may have to resolve an immigration issue. However, a plea deal can be carefully crafted to mitigate immigration consequences. It is very important that a criminal defense attorney first research possible immigration consequences and also consult an immigration attorney.

 

Q:      I’ve been accused of a crime. How do I know if I’m a U.S. citizen?

A:      Generally, if you were not born in the U. S. or have not otherwise received official citizenship status, you are not a citizen. However, you still may have legal status as a U.S. citizen if a parent or even a grandparent is a citizen; this is called “derivative citizenship.”

 

Q:  What if I don’t have legal status in the U.S.?

A:      “Legal status” gives the non-USC permission to be physically present in the United States. Normally, a non-USC will hold a non-immigrant or n immigrant visa status. A visa will allow a non-USC to seek permission to enter the U.S. at a port of entry such as a land crossing or airport. At the port of entry, the non-USC is inspected and admitted by an immigration officer. Whatever visa you used to enter the U.S. will determine your legal status and how long you are allowed to stay in the U.S. If you entered without inspection, committed a criminal act, did not comply with the terms of the specific visa you had, or you entered legally but have stayed longer than a visa permits, then you may not have legal status.

 

If you do not have legal status and you are arrested, you may have a “detainer” placed on you by a local law enforcement agency or the Department of Homeland Security (DHS). This detainer allows local law enforcement or DHS to hold you until the U.S. Immigration and Customs Enforcement (ICE) arrives. Once the ICE arrives, they will take you into custody.

 

Q:      If I am not a USC and I plead guilty to something, will I be forced to leave the U.S.?

A:      You should consider the possible effects of taking a plea deal or going to trial. After the criminal matter is completed, the crime you are charged with will determine if deportation proceedings will be started. A carefully crafted plea may help you avoid deportation proceedings. A criminal defense attorney must tell you about the immigration consequences of a criminal plea, especially for a plea agreement made after March 2010. The law requires that a criminal defense attorney assess whether or not the amended charge in a plea deal will have immigration consequences. If immigrations consequences are not clear, then the criminal defense attorney must consult with an immigration attorney or tell the criminal defendant to consult with an immigration attorney.

 

Q:      What is a “conviction” for immigration purposes?

A:      To receive a conviction, a judge must find you guilty of the charges against you and order some form of punishment, penalty or restraint of your freedom. You might also receive a conviction for violating the terms of probation or failing to follow a court order. For immigration purposes, the immigration court can only look at your conviction record. Even a “treatment in lieu of conviction” or “withholding of adjudication” may result in deportation proceedings, especially if you enter a plea of guilty and successfully complete the program. For immigration purposes, a guilty plea is considered a record of conviction, even though no record of conviction exists.

 

Q:      I was convicted of an offense, but I completed my probation and my conviction was expunged. Can I still be deported?

A:      Yes. Your conviction still counts against you even if you were put on probation and your record was expunged. Expungement may negatively affect possible post-conviction relief motions if an alien attempts to vacate the original plea.

 

Q:      What kinds of offenses can get me kicked out of the country?

A:      The two main types of crime that can result in your deportation are aggravated felonies and crimes of moral turpitude.

 

The Immigration and Nationality Act’s (INA) definition of “aggravated felony” includes a number of crimes that are not commonly considered either “felonies” or “aggravated.” A criminal defense attorney working with non-USC clients must fully understand the INA definition of “aggravated felony” to provide correct advice about offenses that can result in deportation.

 

According to the U.S. Citizenship and Immigration Services (USCIS), a crime of moral turpitude is inherently base, vile, or depraved, contrary to social standards of morality and done with a reckless, malicious, or evil intent. Conviction of crimes of moral turpitude may also disqualify someone from an employment opportunity. The precise definition of a crime that involves moral turpitude isn’t always clear, but the following crimes are always considered crimes of moral turpitude:  murder; voluntary manslaughter; rape; statutory rape; domestic violence; prostitution; fraud and crimes where fraud is an element; all theft offenses; blackmail; malicious destruction of property; arson; alien smuggling; harboring a fugitive; bribery; and perjury.

 

Q:      If the immigration court finds that an offense I’ve been convicted of means I can be removed from the U.S., what do I do?

A:      Assuming you are a non-USC and have been placed in removal proceedings, you may be eligible for relief from removal, even if a plea deal is not successful. Relief can include, but is not limited to, adjustment of status, temporary protected status, or deferred action, or the removal may even be cancelled. You also may be eligible for asylum or protection under the United Nations Convention Against Torture. However, depending on the crime, you may not be eligible for certain forms of relief. Since much is at stake for you as a non-USC, the criminal defense attorney and the immigration attorney must work hand in hand once you face a criminal charge. Ohio courts must advise non-United States Citizens of possible consequences regarding deportation, exclusion from admission to the United States or naturalization. However, if the plea was entered on the reliance of the criminal defense attorney and immigration attorney and the alien still ended up facing deportation, exclusion from admission to the United States or denial of naturalization, a non-United States defendant may still be able to vacate his or her plea and re-litigate the criminal matter in a state court.

[contentblock id=1 img=html.png]

Filed Under: Deportation & Removal, Immigration, Immigration Court, Ohio Crimmigration, Waiver

Changes to Waiver Policies and Procedures

August 23, 2017 by Thomas Geygan

U.S. Citizenship and Immigration Services (USCIS) is again issuing policy guidance in the USCIS Policy Manual to address the general policies and procedures applicable to the adjudication of waivers of inadmissibility.

Generally, foreign nationals may not be allowed to enter or obtain certain immigration benefits in the United States if they are inadmissible. These foreign nationals may overcome the inadmissibility if they apply for and are eligible to receive a waiver. This new guidance contained in Volume 9 of the Policy Manual was not previously available through the Adjudicator’s Field Manual (AFM). All prior related policy memoranda are rescinded. The new guidance contained in the Policy Manual is controlling and supersedes any prior guidance.

A waiver is the intentional and voluntary giving up of something, such as a right, either by an express statement or by conduct (such as not enforcing a right). In an immigration context a waiver is applied for to allow someone to either get their green card, by not removing them for a legal reason or allow them to enter the United States.

Waivers typically relate to a section of the immigration laws that allow the government to remove or deny entry to an individual. Each of the below listed sections are primarily for explaining why someone cannot receive their “green card” or are not allowed to enter, but have a section that allows the government to waive this portion of the law to this individual.

[contentblock id=5 img=gcb.png]

Filed Under: Waiver

New Rules Determining Extreme Hardship

October 24, 2016 by Thomas Geygan

hardshipPurpose

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. This final guidance is adopted after publication of draft guidance for public comment and takes into account the comments received. The guidance clarifies the adjudication of certain waiver requests that require USCIS to determine claims of extreme hardship to qualifying relatives. This guidance becomes effective December 5, 2016.

Background

Admissibility is generally a requirement for admission to the United States, adjustment of status, and other immigration benefits. Several statutory provisions authorize discretionary waivers of particular inadmissibility grounds in cases where an applicant demonstrates that refusal of admission “would result in extreme hardship” to one or more designated relatives (“qualifying relatives”), such as specified U.S. citizen or lawful permanent resident (LPR) family members. The guidance contained in Volume 9, Part B of the Policy Manual is controlling and supersedes any related prior USCIS guidance.

Policy Highlights

• Lists the waivers of inadmissibility adjudicated by USCIS that require a showing of extreme hardship to one or more qualifying relatives.

• Clarifies that an applicant may establish extreme hardship to a qualifying relative who intends to either relocate to the country where the applicant will reside if denied admission or separate from the applicant and remain in the United States, so long as the applicant demonstrates that the relocation or separation would result in extreme hardship.

• Clarifies that for hardship to qualify as extreme, it must involve suffering or loss that is greater than the hardship that usually results from denials of admission.

• Clarifies that extreme hardship is dependent on the individual circumstances of each particular case.

• Provides a non-exhaustive list of factors that USCIS may consider when making extreme hardship determinations.

• Discusses particularly significant factors that often weigh heavily in support of finding extreme hardship to qualifying relatives.

• Clarifies that factors, individually or in the aggregate, may be sufficient to meet the extreme hardship standard.

• Clarifies that hardship to two or more qualifying relatives may rise to the level of “extreme” in the aggregate, even if no single qualifying relative alone suffers hardship that by itself is severe enough to be “extreme.”

 

Downloads

  • SAMPLE LETTER FROM U. S. CITIZEN SPOUSE
    SAMPLE LETTER FROM U. S. CITIZEN SPOUSE

    Click the link to the left for a fee download of our sample letter of a U.S. citizen writing to explain the hardship.  This is a sample letter we give to our clients.

 

membership-icon-paper

 

How Long For I-601A Provisional Waiver

 

membership-icon-paper

 

I-601 A Provisional Waiver Video

 

[contentblock id=1 img=html.png]

 

 

Filed Under: Waiver

USCIS to Host Teleconference on Expanded Eligibility for Provisional Unlawful Presence Waiver Process

September 8, 2016 by Thomas Geygan

Young Family Having Fun In ParkUSCIS invites stakeholders to participate in a teleconference on September 20, 2016, to discuss the DHS final rule expanding eligibility for the provisional unlawful presence waiver process, which became effective on August 29, 2016. During the teleconference, USCIS subject-matter experts will provide an overview of the final rule and answer questions. Registration information is included in the invitation.

If you would like more information on the Provisional Waiver the approval rates and it time frame please click on our links.

Filed Under: Waiver

Next Page »

Client Resources

May 15, 2017

 

More Posts from this Category

Featured Posts

Biden administration considers migrant restrictions similar to Trump policies.

Asylum rates drop as immigration cases are fast-tracked.

Contact Us

Geygan & Geygan, Ltd.

8050 Hosbrook Road, Suite 107
Cincinnati, Ohio 45236
Tel 513-791-1673
Fax 513-791-1683
info@geygan.com

Disclaimer and Privacy Policy

Lawyer Thomas Geygan | Featured Attorney Immigration

Copyright © 2023 · Enterprise Pro Theme on Genesis Framework · WordPress · Log in