8 CFR 216.5 - Waiver of requirement to file joint petition to remove conditions by alien spouse
| Cite as | 8 CFR 216.5 |
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78 practice notes
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Immigration:
Criminal activity victims; U nonimmigrant classification,
...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);......
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Part IV
...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);......
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Neang Chea Taing v. Napolitano, 08-1179.
...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......
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Adeyanju v. Garland, s. 21-1045 & 21-1616
...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
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Neang Chea Taing v. Napolitano, No. 08-1179.
...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......
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Adeyanju v. Garland, s. 21-1045 & 21-1616
...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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Al Jabari v. Chertoff, Civil No. 07-2591 (PJS/JJG).
...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,......
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Ibrahimi v. Holder, No. 08-1587.
...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
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Relief for Victims of Domestic Violence at the Hands of U.S. Citizen or Lawful Permanent Resident Family Members
...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, ......
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Here Come Many More Mail-Order Brides: Why IMBRA Fails Women Escaping the Russian Federation
...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......
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Domestic Violence and Immigrants in Family Court
...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......