In the decision, the Board specifically asked USCIS to explain 8 items in how they reached their conclusion to deny our client's I-130 visa petition. It is my belief that this is a milestone in adjudication of these petitions because the entire process has not be thoroughly thought through and the Board is asking USCIS to do so.
Friday, June 1, 2012
Board of Immigration Appeals Remanded One of Our Adam Walsh Cases Back to USCIS For Further Proceedings
Last month, our office received the decision from the Board of Immigration Appeals in an Adam Walsh Case. We argued to the Board that USCIS improperly imposed the "Beyond a Reasonable Doubt Standard" in determining whether the petition poses a risk to the intended beneficiary. My contention was that this standard had no underlying basis as Congress never intended to require this criminal law threshold. In most immigration matters the standard is more probable than not.
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8 comments:
This is a standard answer which BIA is sending to all the AWA appeal. We received the same identical answer and searching online I saw that is the same everywhere. The important question and answer is: What happens AFTER this remand? Did anybody win? As far as I know (been told by other attorneys) there is no case adjudicated after this so far.
very useful blog Thank you!
Any update on this ???
without giving to much information as it pertains to a case other then mine I have heard after many years their actually is one case at least that has been approved. Of course we are still waiting to see his papers in hand.
I am appoaching 4 years in this fight...
are you appealing?
How is that USCIS can be given sole and nonrenewable discretion over our Constitutional rights? They are basically giving the finger to our judicial system... any time a bureaucratic agency with an appointed political leader has authority to do as it wishes, we need to be vigilant. The same issue was happening with "terrorists" and DHS until they got carried away and scared enough people to take action. And for our courts to take a back seat and say "oh, Congress doesn't give us authority to protect our citizens" is a deplorable excuse.
How can we fight when our government either points fingers at others or just says "well, we have the authority and can make our own standards"?
I am a US citizen. I am fighting my case for last three years to bring my wife here in USA. Even i am not a sex offender USCIS denied my case for a past misdemeanor conviction.
I have a job where i had to pass very strict security check. I had a misdemeanor conviction attempted assault and battery on a person. I provided all kind of affidavits from different Psychiatrist. Statement from family, my wife(we know each other for over 13 years) , and others to show "no risk" to my wife.
My case still pending for reconsideration.
I am sorry for all those people who are fighting for their love ones against US Immigration / government.
I have to go back to my native country or other country if USCIS denie my case this time. I took Asylum ten years ago.
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