Matter of Arrabally and Yerrabelly. Overruled?
 

I was doing some reading at both BIA and USCIS websites and I found the following:

"BIA decisions are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General..."

Can Sessions, then, make it impossible for EWI --> AP --> AOS? What about those currently on AOS process?

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

Probably...

Very possible.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

Yes pretty much. The attorney general has the power to overrule Bia decisiobs

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

Fuck!! What happens to those who have pending applications?

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

I would imagine either your grandfathered before they applied the order or your application gets stopped.
I'm doing my AOS threw 245(I) and not threw AP. I Have my interview Feb 28. Would someone shed some light on this topic for people doing AOS Under AP?

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

Does that statue apply only to people who are going through advanced parole or does it affect overstays as well?

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

Only those who are going through AP.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

If you got AP I would get married ASAP and send those papers. Do not give Sessions time to think about more ways to screw us over.


He will find ways to do it.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

Yes, he can overturn that case. However, those paroled or admitted already should still be considered legally inspected for the purpose of adjusting though a US citizen.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

The BIA stated that leaving the US with AP doesn't constitute a departure; therefore, you don't trigger the 3 or 10 yr. bans. However, can Sessions say, for example, that no more AOS forms will be adjudicated if you were EWI then AP?

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

From what I've gathered, he can as AG. But I doubt he can do anything about those that have already applied.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

Those already applied will be grandfathered in. There were people that got adjusted under Osorio v. Holder in the 9th circuit using old priority dates, until SCOTUS overturned the decision, and there were people who got adjusted after an illegal reentry via 245(i) and I-212 combo back in the day, back when no one really knew what to make of 245(i). You have to remember 245(i) is 10 lines and 40 different court cases.


Thing is - if they adjust you under whatever regulations/decisions are at the time you're set. Can he overturn the BIA precedent, I honestly don't know. BIA is part of the DOJ, so they technically do answer to the Attorney general. Thing is, USCIS can probably just ignore AG's opinion and issue their own regulation affirming Arrabally, or anyone denied adjustment can appeal to federal judiciary citing Arrabally.

If you are denied adjustment after AP that's the way to go, or you re-file I-485 and add I-601.


Still, I honestly doubt Sessions will be affirmed as AG. I feel like the democrats will uniformly vote him down (that's 48 nays). With republicans it's hard to say honestly - I'm not sure if there will be any nays from them (aside maybe Graham or Murkowski), but I feel like a few republicans will abstain or not show up. McCain seems like the kind to go jack it in the bathroom during votes he doesn't like.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

By priority date you mean the date from I-130 was accepted?

So let's say USCIS receives form I-130 on 1/15/2017. and Sessions becomes AG and cancels Arabally on 2/1/2017. And you file form I-485 on 2/5/2015. Can you still AOS?

Thanks Demise, always good to hear from someone with knowledge.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

No, meant something else. Osario v. Holder was a suit that took a few years going up from BIA to 9th circuit, to 9th circuit appellate court, until Supreme Court.

It had to do with recapturing old priority dates under CSPA, lets say your parent had an I-140 filed for them a while back, you aged out, you could be sponsored by your parent and keep the old priority date (from the I-140) on your I-130. During the period between 9th circuit overruling BIA, and Supreme Court overruling 9th circuit court of appeals. This is no longer the case. It was like 18 months and only in the 9th circuit.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

So you are saying even AG make changes regard to this, USCIS can still process AOS through AP?

Regard to I-601, don't we have to file that while we are out of the country?

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

A bit confused. Hehe. So what does this mean for the matter under discussion?

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

You can end up a situation with contradicting regulations, in case of which it'll go to a court, or a private party will sue against one of the regulations.

I-601 can be filed for unlawful presence domestically, the problem is the ban doesn't trigger until you already left, but if you get back into US legally (either via parole or 212(d)(5) waiver), you can in fact file I-601 while in US, together with your AOS application.

Basically some people lucked out and got through during the few months that window was open. Same thing as AP, even if they close that window those who adjusted will be fine.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

What about people like me who can't send their AOS soon but cleared EWI with AP? I will be getting married in 2 weeks but he's a permanent resident and it took us a total of 9 months to receive his renewed green card (he let it expire for years) so we will be sending his citizenship application in a couple of weeks as well but right now processing times are about 9-10 months so I can't send my AOS package until he becomes a citizen. Or are there any other options for me?

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

You think so?

This would be like dropping a bucket full of red hot steel shavings on Trump's crotch if this was to happen.


I really hope so.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

has sessions been confirmed?

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

No, it was delayed until Jan. 31st.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

On Jan. 31 the judiciary comitti votes. If sessions is given the ok. Then it goes to the full senate for confirmation.

Re: Matter of Arrabally and Yerrabelly. Overruled?
 

Are there any indication from Session that he will make this change?