8 C.F.R. 103.2 - Submission and adjudication of benefit requests

Cite as8 C.F.R. 103.2
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557 practice notes
442 cases
  • Fogo De Chao Churrascaria, LLC v. U.S. Dep't of Homeland Sec., Civil Action No. 10–1024(RBW).
    • United States
    • U.S. District Court — District of Columbia
    • August 9, 2013
    ...eligibility ... only on information contained in the record of proceeding which is disclosed to the applicant or petitioner.” 8 C.F.R. § 103.2(b)(16)(ii). Thus, regardless of the previous approvals, the USCIS would be justified in denying a petition if the information upon which it relied d......
  • Almakalani v. McAleenan, 18-CV-398 (NGG) (CLP)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • March 16, 2021
    ...of 527 F.Supp.3d 215 Yemeni beneficiaries, and therefore such beneficiaries are presumptively ineligible for immigration visas. See 8 C.F.R. § 103.2(b)(2)(i).Beginning in 2008, even before the State Department diplomatic cable was issued, USCIS officials considered what additional informati......
  • Jane Doe 1 v. Nielsen, Case No. 18-cv-02349-BLF
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • July 10, 2018
    ...advise the refugee applicant of that fact and "offer[ ] an opportunity to rebut the information" unless the information is classified. 8 C.F.R. § 103.2(b)(16)(i). The Notices of Ineligibility do not state that any denial was based on classified information, or even that security interests a......
  • American-Arab Anti-Discrimination Committee v. Reno, No. CV 87-2107-SVW(Kx).
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • January 24, 1995
    ...benefits, including legalization, to be determined solely on the basis of information in the record disclosed to the applicant. 8 C.F.R. § 103.2(b)(3)(ii) (1990). 883 F. Supp. 1369 On January 7, 1991, the INS amended the rules regarding confidential information. 56 Fed.Reg. 618-24 (Jan. 7, ......
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12 firm's commentaries
  • Walking A Tight Rope: Ethical Considerations and Pitfalls in Representing both Employer and Employee
    • United States
    • JD Supra United States
    • September 30, 2008
    ...in the Immigration and Naturalization Act ("INA") that sanction frivolous behavior by suspension and disbarment, INA §240 (b)(6)(C); 8 CFR §§103.2(a)(3), 292.3 and 1003.102, and those that prohibit preparing, filing or assisting -with knowledge and reckless disregard -another in the prepara......
  • USCIS Changes Policies Related To Requests For Evidence And Notices Of Intent To Deny
    • United States
    • Mondaq United States
    • July 25, 2018
    ...legally sound, detailed and thorough for the USCIS reader as possible. Prepare a Rebuttal if USCIS Determines an Adverse Decision Under 8 CFR 103.2(b)(16)(i), USCIS adjudicators must advise when derogatory, or harmful, information adversely impacts a decision. Specifically, an agency NOID m......
  • 10 Common Questions About USCIS Biometrics
    • United States
    • Mondaq United States
    • August 27, 2021
    ...beneficiary, petitioner, applicant or other individual residing in the U.S. for any naturalization and immigration benefit through 8 CFR 103.2 (b) Frequently asked questions about the USCIS biometrics process What is a biometrics appointment? Biometrics data collection is required from cert......
  • Instruct Us Again on the Immigration Rules
    • United States
    • LexBlog United States
    • May 5, 2012
    ...cannot abide, it stems from a simple dependent clause — not even a complete sentence — embedded in an obscure immigration regulation, 8 C.F.R. § 103.2(a)(1), that dates back at least to 1994. It was first adopted by the old INS (the Immigration and Naturalization Service), and later reaffir......
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