In re Torres-Garcia

2 Analyses of this admin-law by attorneys

  1. What is the Permanent Bar Under Section 212(a)(9)(C)(i)?

    The Law Offices of Grinberg & Segal, PLLCAlexander J. SegalDecember 16, 2016

    If the alien is granted a favorable exercise of discretion, he or she may then reapply for admission into the United States, which may or may not be granted. The Form I-212 may be filed in conjunction with a Form I-601, Application for Waiver of Grounds of Inadmissibility, or with an application for adjustment of status.Under the Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006), an alien subject to the permanent bar may not seek consent to reapply for admission to seek adjustment of status until 10 years have elapsed from the date of his or her last departure.VAWA WaiverThe only waiver of the permanent bar provided for by statute is for Violence Against Women Act (VAWA) self-petitioners. In order to be granted a VAWA waiver of the permanent bar, the self-petitioner must establish a connection between his or her battering or subjection to extreme cruelty and his or her removal or departure from, or reentry, or attempted reentry into the United States.Other Limited WaiversThe United States Citizenship and Immigration Services (USCIS) also provides for a variety of limited-use waivers from the permanent bar.First, applicants for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) and the Nicaraguan Adjustment and Central American Relief Act (NACARA) may be granted a discretionary waiver of the permanent bar by filing a Form I

  2. Life Act and Adjustment of Status

    Alexander J. SegalNovember 2, 2015

    This steadfast dedication has resulted in thousands of immigrants throughout the United States.___________________Legal Opinion, Martin, General Counsel, INS, CO 245(i), CO 212(a)(6)(A) (Feb. 19, 1997), reprinted in 74 No. 11 Interpreter Releases 499, 516-22 (Mar. 24, 1997)Matter of Diaz, 25 I&N Dec. 188 (BIA 2010); Matter of Briones, 24 I&N Dec. 355 (BIA 2007); Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006)But see Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771, 779 n.6 (BIA 2012) [departure and return under grand of advance parole will not harm eligibility for LIFE Act AOS)INA § 245(d); 8 C.F.R. §§ 245.1(c), 1245.