CA2 Holds that 8 USC § 1429 Bars Adjudication of Naturalization Application While Removal Proceedings are Pending

Posted on March 17, 2010 by Brian D. Lerner

The Court held that 8 U.S.C. § 1429 bars DHS from considering a naturalization application where removal proceedings are pending. Thus, an immigration judge may not make a finding of prima facia eligibility for naturalization. As a result, individuals in removal proceedings may not avail themselves of 8 U.S.C. § 1239.2(f). (Perriello v. Napolitano, 09/01/09).

Filed under: Immigration Attorney, los angeles immigration attorney, Naturalization, Prima Facie Determination, Removal Proceedings | Tagged: , | Leave a Comment »

What is the Basic Procedures for Battered Spouse/Children?

Posted on March 17, 2010 by Brian D. Lerner

Notice of Receipt: You should receive an acknowledgement or Notice of Receipt within a few weeks after mailing the application and fee to BCIS . Prima Facie Determination: Battered immigrants filing self-petitions who can establish a “prima facie” case are considered “qualified aliens” for the purpose of eligibility for public benefits (Section 501 of the [...]

Filed under: Battered Spouse, Immigration Attorney, los angeles immigration attorney, Prima Facie Determination, Self-Petitioning - Battered Spouse | Tagged: , | Leave a Comment »

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