COVID-19 and US Immigration
Green Card and Legal Permanent Residence
Is it lawful for a green card holder to be refused admission to the USA? How do you preserve your green card if you are stuck outside the USA for over one year? What options do you have?
Unlawful Presence and Crime Waivers
Director of U.S. Immigration and Customs Enforcement (ICE) John Morton released a June 17, 2011, memorandum intended to provide additional guidance to ICE personnel on exercising prosecutorial discretion. In this context, favorable prosecutorial discretion refers to the government’s ability to choose not to enforce certain penalty provisions within the immigration laws against a particular person, thereby providing some relief in deserving, sympathetic cases
If you take VD – you can re-enter the United States providing you have the requisite non-immigrant visa or immigrant visa along with the appropriate waiver.
Cancellation of Removal
Cannot do COR if the person is outside the U.S. (COR is EOIR relief). Must be placed in removal before you can get COR.
Court Waiver Options
An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States.
You file asylum affirmatively with USCIS (full asylum application) – this generates credible fear interview appointment date
Immigration Court Relief
The DHS may join in a motion to reopen (or a motion to the BIA to remand) for consideration of adjustment of status pursuant to INA § 245 if such adjustment of status was not available to the respondent at the former hearing, the alien is statutorily eligible for adjustment of status, and the respondent merits a favorable exercise of discretion.
ICE: Know Your Rights
Available to either LPR or those applying for Immigrant visas (not NIV) You can file either with USCIS/Consulate/Court
BIA: Board of
Sua Sponte reopening may only be used in exceptional circumstances and is not meant to cure filing defects or circumvent the regulations