On the 15th of August, the Board of Immigration Appeals affirmed the basis under which an immigrant can attempt to obtain their residency in compliance with section 245(i). An immigrant must prove that the application for residency was approvable from the moment it was submitted, otherwise the adjustment of status could be denied and the immigrant placed in deportation proceedings as occurred in the case of Luis Jara-Riero and Paul Jara-Espinol.
A case will be considered approvable preserving the priority date and the benefits of section 245 (i), if it was submitted by a real relation, and it has been verified by the family member or the employer. It does not matter if the case was abandoned, denied, or revoked based on circumstances that occurred after the case was submitted.
In order for the government to uphold the priority date, the application for residence must have been presented correctly with authentic documents that prove the legitimacy of the previous and current relationship, along with sufficient evidence to prove that the relationship is real.
In the case of Luis and Paul, their cases were denied, they were placed in deportation proceedings, warned that if they don’t leave by the determined date they would be fined up to 5,000 dollars, removed by force, and considered inadmissible to obtain residence for a period of ten years.
This decision strengthens the importance of my five basic points (Intention, Good Faith, Admissibility, Preparation of the Documents and Power of Discretion on behalf of Immigration). Consider these points before obtaining a temporary visa, permanent residence and even American citizenship in order to not be a victim of one’s own error.
Remember that there is always more to analyze before forming a legal strategy.
Eduardo Juárez is president of the International Immigrant Foundation. For assessment of questions concerning immigration, visit the
International Immigrant Foundation in the Immigrant Building: 7 West 44 Street, Manhattan, N.Y. or call (212) 302-2222.
INTERNATIONAL IMMIGRANTS FOUNDATION
33 years, Guiding, Legalizing, and Educating
Immigrants since 1973
O.N.G. UNITED
NATIONS E.C.O.S.O.C.
IMMIGRANTS
BUILDING:
7 W. 44th St.,
New York,
N.Y.
10036
(212) 302-2222 – email:
www.InmigrantsFoundacion.com
*Edward Juarez Studied
sociology, International laws, and specialized
in immigration. In 1973, established the
International Immigrants Foundation, a
non-profit institution created to educate, help,
and defend immigrants. In 1984, he established
the American Multicultural Coalition and the
International Cultures Celebration, conferences
in the United Nations, and the Parade and
Festival to promote intercultural relations.
With the goal of emphasizing the contributions
of immigrants,
Juarez established the “Immigrants
Building”
in 2003, located at
7 West 44th Street
in
Manhattan,
NYC, where the Foundation continues developing
programs that improve the quality of life for
immigrants. Currently, he is am active writer,
speaker, immigration columnist in El Diario la
Prensa, and host of The Immigrants Voice radio
and television programs.
coming soon!
