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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →When you start work on a case, 1) it goes without saying that a) you should screen your client i) for all forms of relief, A) including those I) that are not available (a) before the immigration judge II) (e.g. any type of visa petition). If your client may be eligible for relief a) that requires action from USCIS, 1) you should promptly a) file the application i) with the agency and b) file a courtesy copy i) with the immigration judge, ii) including the receipt notice. If your client will ultimately seek relief a) from the immigration court, b) such as adjustment of status, 1) you should also consider establishing that a) your client would be eligible for such relief b) once the visa petition is approved i) (i.e., proof of entry or other basis for eligibility9). Generally, motions to continue the case a) to await visa approval 1) should be granted, 2) but a) such motions can be denied b) if DHS can establish either i) that your client is not ultimately eligible for the relief, or ii) that your client has been dilatory in seeking the relief.10 dilatory (dĭlə-tôrē) adj. 1. Causing or intended to cause delay: dilatory tactics in the legislature. 2. Characterized by or given to delay or slowness: dilatory in his work habits. See Synonyms at slow. [Middle English dilatorie, from Latin dīlātōrius, from dīlātor, delayer, from dīlātus, past participle of differre, to delay : dī-, dis-, apart; see dis- + lātus, carried; see telə- in Indo-European roots.] dilatorily adv. dilatoriness n. dilatory (ˈdɪlətərɪ; -trɪ) adj 1. tending or inclined to delay or waste time 2. intended or designed to waste time or defer action [C15: from Late Latin dīlātōrius inclined to delay, from differre to postpone; see differ] 6 8 CFR 1003.1(d)(2)(i)(B). 7 See Matter of Lozada, 19 I&N. Dec. 637 (BIA 1988). 8 See Matter of Lozada, 19 I&N Dec. 637 (BIA 1988). 9 E.g. INA 245(i). 10 See Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009). Sometimes, a client will be eligible for multiple forms of relief, and 1) in some cases, a) the immigration court or b) DHS trial counsel will urge you i) to withdraw other types of relief applications A) before proceeding to adjudicate the principal application I) that you are proceeding under. A common scenario would be an individual a) who i) has a fear of returning to their home country, ii) but is also eligible for, say, A) cancellation of removal or B) adjustment of status. Be wary of withdrawing any fear-based claim, 1) especially if the claim was originally timely-filed! If you withdraw the asylum relief application, 1) a subsequent application may be considered a) untimely. Generally speaking, a failure a) to submit a relief application 1) will be deemed to be an abandonment a) of the application, 2) even if your client may be eligible for the relief.11 1-1) If your client becomes eligible for relief a) after the merits hearing, or 1-2) if your client was unaware of her eligibility for relief, 2) consider filing either a) a motion to reopen or b) a motion to remand and 3) include all necessary evidence a) to establish that i) your client is prima facie eligible for the relief.12 ARRIVING AFTER THE PARTY: HOW TO SUPPLEMENT THE RECORD AFTER THE MERITS HEARING If you join the case a) after it has already begun, 1) you must FOIA a) for a complete copy of every agencys file (see above). You should assume that a) whatever files i) your client has are incomplete. If a) you do not have time to wait for the FOIA response and ← End |
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Ư PAT ǥ |
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ART |
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USA ̹ VISA |
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Foreign Clients |
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