![]()
This chart gives a basic breakdown of the qualifications, standards, and benefits of asylum, Withholding of Removal under INA § 241(b)(3), Withholding of Removal under the Convention Against Torture, and Deferral of Removal under the Convention Against Torture. When filing an I-589 application with either USCIS or the immigration court, 4 different forms of relief are to be considered. Only asylum can be applied for affirmatively (through USCIS), while the other forms or relief are only available defensively (before an immigration judge).
5 Comments
Recent immigration court rulings have held that Fla. Stat. 812.014(2)(c)(1) [grand theft] (petty theft included) is not a crime involving moral turpitude (CIMT), if the record of conviction (modified categorical approach) can not establish whether Respondent was convicted for temporary or permanent deprivation and appropriation. Further, retail theft (shoplifting) under Fla. Stat. 812.014 is not a CIMT and that Matter of Jurado-Degado 24 I&N Dec. 29, 33 (BIA 2006) is not applicable to the Florida statute. If the respondent is only removable/inadmissible for the Fla. theft offense, termination of the case may be appropriate. Further, these Fla. theft charges should not trigger stop-time rule for cancellation of removal purposes, and may not constitute aggravated felonies (even if 1 year of imprisonment). See attached file for sample motion to terminate. ![]()
1. Purpose of the I-751
When a Green Card applicant has been married for less than 2 years, the applicant is initially issued a Conditional Green Card, which is good for 2 years. Just before the expiration of the conditional period, the I-751 is filed to apply for a permanent Green Card (which is good for 10 years). The purpose of the I-751 is to reaffirm that the initial marriage took place in good faith. 2. When to file The I-751 must be filed with USCIS within 90 days prior to the 2-year anniversary of the issuance of the conditional Green Card. 3. Filing Jointly vs. Filing Single When you are still married to the same person you were married to at the time of the issuance of the conditional Green Card, you will file the I-751 jointly. You will file as a single person in the following cases: a. You entered the marriage in good faith and your spouse has died; b. You entered the marriage in good faith and you are now divorced from the person to whom you were married at the time of the issuance of the initial Green Card (even if you’re now remarried to someone else, you will file as single); c. You entered the marriage in good faith and you have been battered or subject to extreme cruelty by your petitioning spouse; d. Your parent was a conditional resident who entered into the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or permanent resident spouse or by your conditional resident parent; or e . The termination of your status would result in extreme hardship to you or a dependent child. 4. Standard for the I-751: Good Faith Marriage (see Matter of Soriano) To determine whether a marriage was entered into ‘in good faith,’ “[t]he central question is whether the bride and groom intended to establish a life together at the time they were married.” See Bark v. INS, 511 F.2d 1200 (9th Cir. 1975). To establish ‘good faith’, the court will consider documents such as: a. proof that the spouse has been listed as the beneficiary on the petitioner spouse’s life insurance policy; b. documents showing joint ownership or joint responsibility (e.g. property leases) c. documents showing a comingling of finances (e.g. tax returns, bank statements) d. shared experiences e. marriage ceremony f. birth certificates of any children born as a result of the relationship 5. Common scenarios in which an I-751 matter would end up before an Immigration Judge You never filed an I-751 (whether you’re still married or not) a. If you were issued a temporary Green Card and never file the I-751 to remove the conditions, you can be placed into removal proceedings for having no lawful status once the temporary Green Card has expired. b. If this happens, you can still file the I-751 with USCIS and an Immigration Judge (IJ) can either grant continuances on your removal proceedings while the I-751 is being decided, or the IJ can administratively close your case until USCIS issues a decision on the I-751. If the case is administratively closed until a decision is made on the I-751, the IJ would then re-calendar your case to restart proceedings once USCIS has made its decision. An I-751 was filed and denied by USCIS based on the merits. a. The IJ will hold an individual hearing to review the decision of USCIS. b. You would not be required to re-file the I-751 or pay a new filing fee. • An I-751 was filed and denied by USCIS based on failure to attend interview. a. The IJ will hold an individual hearing to decide whether to grant the I-751. You would not be required to re-file the I-751 or pay a new filing fee. • In all of the above scenarios, the I-751 can be filed jointly or separately. If not filing jointly, the scrutiny is generally higher as to the good faith marriage. Note: I-751 can still be filed if the immigrant spouse is now married to someone besides the spouse for which the conditional green card was obtained through. In that case, the immigrant spouse would apply as a single person because the I-751 is based on the marriage under which the initial Green Card was issued. These terms are used by USICS when addressing whether a petitioner has a criminal history. Is important to understand the difference.
Arrested -- This means that you were taken in to custody by the police. Once you are taken in to custody, it will be decided if you will be charged with a crime. Someone who is arrested is not necessary charged with a crime. Charged -- Once you are in the custody of the police, the prosecutor's office (aka state attorney, district attorney) will decide whether to charge you. If you are charged, you will be given a charging document (sometimes also called complaint or information). This charging document will state exactly what crimes (charges) you are facing. Sentenced -- Being sentenced means that the "punishment" you got when you admitted (pled) you are "guilty" or when the judge/jury decided you were "guilty". If you were placed in jail/prison, probation, community service, or mandatory classes, you were sentenced. Alternative Sentencing -- Sometimes called "differed sentencing". A court may require you to satisfy certain conditions (such as community service, classes, etc) in exchange for a dismissal. |
AuthorJames C. Tai, Esq. ![]() Categories
All
|