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Showing posts from November, 2016

MOTIONS TO REOPEN

Any decision made by an immigration judge can be reopened or reconsidered if a motion is made by either the foreign national (or their petitioner), the government agency, the judge, or the Board of Immigration Appeals.
A motion to reopen the case is appropriate when there are new facts relevant to the case. These motions must be filed within 90 days of the original decision.
A motion to reconsider the case is appropriate when the judge's or board's decision is thought to be in error. These motions must be filed within 30 days of the original decision.
These motions can no longer be made to the judge once the decision has been appealed to the Board of Immigration Appeals, but can be made to the BIA under the same rules and deadlines.
There are two exceptions to the 30 and 90 day deadlines. Where an immigration judge made a removal order without the person because they failed to appear either because they did not have adequate notice or due to exceptional circumstances. …

NACARA - Suspension of Deportation - Who is eligible?

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NACARA is a program that grants permanent resident status to certain nationals of El Salvador and Guatemala. Certain family members of NACARA applicants are eligible to apply for permanent resident status based on their relationship to the principal applicant.

The basic requirements for NACARA applications for Guatemalans are: (1) they entered the U.S. on or before October 1, 1990; (2) they registered for ABC benefits before December 31, 1991 or applied for asylum before April 1, 1990; and (3) they were not apprehended upon entry to the U.S. after December 19, 1990.

Nationals of El Salvador must meet the following basic requirements to be eligible for NACARA: (1) they entered the U.S. on or before September 19, 1990; and (2) they registered for ABC benefits or TPS before October 31, 1991 or applied for asylum before April 1, 1990; and (3) they were not apprehended upon entry to the U.S. after December 19, 1990.

Spouses and children who were minors at the time that the parent was grante…