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The U.S. Court of Appeals for the Ninth Circuit has held that a noncitizen’s misrepresentation about his citizenship to police officers for the purpose of avoiding Department of Homeland Security (DHS) enforcement did not render him inadmissible under INA § 212(a)(6)(C)(ii)(I). The Ninth Circuit found that the Board of Immigration Appeals (Board) had erred in upholding the denial of his adjustment of status application on this basis and instead concluded that this misrepresentation about his citizenship status was not made “for any purpose or benefit under” federal or state law.
See AlsoEligibility to File an Adjustment of Status (AOS) - The Anwari Law Firm, PCAdjustment of Status Denial Due to Changes in Circ*mstancesCan a Green Card Renewal Request Be Rejected? - Virginia Beach - Gardner & Mendoza, PCYour Naturalization Application Has Been Pending Over 120 Days After Interview? The Government Might Have to PAY YOU For the Delay. (Dec 2022)Posted on
The Board of Immigration Appeals has held that the three- and ten-year unlawful presence bars under INA § 212(a)(9)(B)(i) continue to run while a noncitizen is in the United States. The Board agreed with policy guidance issued by U.S. Citizenship and Immigration Services in June 2022 and determined that a noncitizen inadmissible for a specified time due to unlawful presence and a subsequent departure is not required to reside outside the United States to overcome this ground of inadmissibility.
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Practitioners are increasingly seeing requests by U.S. Citizenship and Immigration Services, or USCIS, consular officers, and immigration judges, or IJs, for their clients’ arrest reports. Requests for these reports are being made even where the client was never charged or convicted of a crime.
USCIS incorporates State Department’s ‘90-Day Rule’ (2024)
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