Reno, F. Briseno"Flores v. Therefore, under Chevron, that interpretation is entitled to deference. Formulario Inicial Intake Form. Tooby's Guide. Free Newsletter Sign up for our free monthly email newsletter and keep up to date with criminal immigration law.
In so doing, the individual would then be allowed to apply for the more liberal Suspension of Deportation because the necessary physical presence period would not have been terminated by service of the NTA. Re-papering eligibility, according to the proposed rule, requires that one be in removal proceedings at the time of their application, i. In order to be eligible for Suspension of Deportation, one must demonstrate that they have been physically present in the United States for a continuous period of not less than 7 years and is a person of good moral character.
Thornburgh, F. Asylum application pending adjudication by the Service means any asylum application for which the Service has not served the applicant with a final decision or which has not been referred to the Immigration Court.
Filed an application for asylum means the proper filing of a principal asylum application or filing a derivative asylum application by being properly included as a dependent spouse or child in an asylum application pursuant to the regulations and procedures in effect at the time of filing the principal or derivative asylum application.
Except as provided in paragraph b of this section, the application must be made on the form prescribed by USCIS for this program and filed in accordance with the instructions for that form. Each application must be filed with the required fees as provided in 8 CFR The application form, along with any supporting documents, must be filed with the Immigration Court and served on the Service's district counsel in accordance with the instructions on or accompanying the form.
Applications for suspension of deportation or special rule cancellation of removal filed prior to June 21, shall be filed on Form EOIR Applications filed under this section shall be filed under the following conditions and shall have the following consequences:.
The applicant's signature establishes a presumption that the applicant is aware of the contents of the application. A person other than a relative specified in this paragraph who assists the applicant in preparing the application also must provide his or her full mailing address;.
The burden of proof is on the applicant to establish by a preponderance of the evidence that he or she is eligible for suspension of deportation or special rule cancellation of removal and that discretion should be exercised to grant relief.
For purposes of this subpart H, a single absence of 90 days or less or absences which in the aggregate total no more than days shall be considered brief. For purposes of evaluating whether an absence is brief, single absences in excess of 90 days, or absences that total more than days in the aggregate will be evaluated on a case-by-case basis. An applicant must establish that any absence from the United States was casual and innocent and did not meaningfully interrupt the period of continuous physical presence.
The applicant must establish that any period of absence less than 90 days was casual and innocent and did not meaningfully interrupt the period of continuous physical presence in the United States. A presumption of extreme hardship as described in paragraph d 1 of this section shall be rebutted if the evidence in the record establishes that it is more likely than not that neither the applicant nor a qualified relative would suffer extreme hardship if the applicant were deported or removed from the United States.
In those cases where a presumption of extreme hardship applies, the burden of proof shall be on the Service to establish that it is more likely than not that neither the applicant nor a qualified relative would suffer extreme hardship if the applicant were deported or removed from the United States. The applicant is entitled to a de novo adjudication and will again be considered to have a presumption of extreme hardship before the Immigration Court.
To establish eligibility for suspension of deportation under former section a 1 of the Act, as in effect prior to April 1, , an alien must be deportable under any law of the United States, except the provisions specified in paragraph c of this section, and must establish:.
To establish eligibility for suspension of deportation under former section a 2 of the Act, as in effect prior to April 1, , an alien who is deportable under former section a 2 , 3 , or 4 of the Act, as in effect prior to April 1, relating to criminal activity, document fraud, failure to register, and security threats , must establish that:.
To establish eligibility for suspension of deportation under former section a 3 of the Act, as in effect prior to April 1, , an alien must be deportable under any law of the United States, except under former section a 1 G of the Act, as in effect prior to April 1, relating to marriage fraud , and except under the provisions specified in paragraph c of this section, and must establish that:.
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