8 CFR 216.5 - Waiver of requirement to file joint petition to remove conditions by alien spouse

Cite as8 CFR 216.5
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78 practice notes
  • Immigration: Criminal activity victims; ”U” nonimmigrant classification,
    • United States
    • Federal Register September 17, 2007
    • September 17, 2007
    ...cruelty'' to refer to any act or threatened act of violence that results in physical or mental injury. See 8 CFR 204.2(c)(2)(vi); 8 CFR 216.5(e)(3)(i). Battery and extreme cruelty are terms that the regulations use interchangeably with the term ``abuse.'' See 8 CFR 204.2(c)(1)(vi); (2)(iv);......
  • Part IV
    • United States
    • Federal Register September 17, 2007
    • September 17, 2007
    ...cruelty'' to refer to any act or threatened act of violence that results in physical or mental injury. See 8 CFR 204.2(c)(2)(vi); 8 CFR 216.5(e)(3)(i). Battery and extreme cruelty are terms that the regulations use interchangeably with the term ``abuse.'' See 8 CFR 204.2(c)(1)(vi); (2)(iv);......
  • Neang Chea Taing v. Napolitano, 08-1179.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • May 20, 2009
    ...11. We recognize that our decision today may have an impact on various parts of the existing administrative scheme. See, e.g., 8 C.F.R. § 216.5 (detailing circumstances where the requirement of a joint petition to remove conditions on LPR status may not apply). The agency has the obligation......
  • Adeyanju v. Garland, s. 21-1045 & 21-1616
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • February 24, 2022
    ...the IJ held its hearing. Miffed at the BIA's failure to allow him a shot at having the IJ review a potential I-751 waiver denial, see 8 C.F.R. § 216.5(f), Adeyanju included this alleged error in his motions to reconsider and reopen with the BIA. In his motion to reconsider, he contended tha......
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72 cases
  • Neang Chea Taing v. Napolitano, No. 08-1179.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • May 20, 2009
    ...11. We recognize that our decision today may have an impact on various parts of the existing administrative scheme. See, e.g., 8 C.F.R. § 216.5 (detailing circumstances where the requirement of a joint petition to remove conditions on LPR status may not apply). The agency has the obligation......
  • Adeyanju v. Garland, s. 21-1045 & 21-1616
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • February 24, 2022
    ...the IJ held its hearing. Miffed at the BIA's failure to allow him a shot at having the IJ review a potential I-751 waiver denial, see 8 C.F.R. § 216.5(f), Adeyanju included this alleged error in his motions to reconsider and reopen with the BIA. In his motion to reconsider, he contended tha......
  • Al Jabari v. Chertoff, Civil No. 07-2591 (PJS/JJG).
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • January 15, 2008
    ...an alien whose marriage is determined to be a sham to obtain review of that determination in removal proceedings); see also 8 C.F.R. § 216.5(f) (no right to seek review of denial of § 1186a(c)(4) hardship petition except in removal proceedings). But as the Supreme Court made clear in AAADC,......
  • Ibrahimi v. Holder, No. 08-1587.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • May 20, 2009
    ...the waiver application, the alien is entitled to seek review of the denial before the IJ during the course of removal proceedings. 8 C.F.R. § 216.5(f). Khalid Ibrahimi entered the United States as a non-immigrant visitor for pleasure in May 2000. Ibrahimi married a U.S. citizen, Nicole Kohr......
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3 books & journal articles
  • Relief for Victims of Domestic Violence at the Hands of U.S. Citizen or Lawful Permanent Resident Family Members
    • United States
    • Immigration Relief: Legal Assistance for Noncitizen Crime Victims
    • July 31, 2014
    ...Marriage Fraud Act of 1986, Pub. L. No. 99‑639, 100 Stat. 3537 (1986). 73. INA § 216(c)(1), 8 U.S.C. § 1186a(c)(1) (2012). 74. 8 C.F.R. § 216.5(a)(1) (2013); see also INA § 216(c)(4), 8 U.S.C. § 1186a(a) (1) Settlage_ImmRelief_20140717_09-11_Final.indd 25 7/17/14 9:12 AM 26 ChApter 2 Thus, ......
  • Here Come Many More Mail-Order Brides: Why IMBRA Fails Women Escaping the Russian Federation
    • United States
    • Capital University Law Review Nbr. 46-4, December 2018
    • December 1, 2018
    ...her potential spouse because of IMBRA. As part 401 Orloff & Garcia, supra note 283, at 1. For hardship waiver filing requirements, see 8 C.F.R. § 216.5 " Belleau, supra note 297, at 601 ("In short, the U.S. system of conditional residence subjects the bride to the control of her husband, wh......
  • Domestic Violence and Immigrants in Family Court
    • United States
    • Juvenile and Family Court Journal Nbr. 63-1, January 2012
    • January 1, 2012
    ...for Immigrant Victims of SexualAssault and Glossary of Terms.60 Immigration and Nationality Act, 8 U.S.C. § 1186(c)(4)(C). See also 8 C.F.R. § 216.5(3). A similar waiveris available after a termination of the marriage if the immigrant spouse can establish that “the qualifying marriagewas en......

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