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-   -   Matter of Arrabally and Yerrabelly. Overruled? (http://dreamact.info/forum/showthread.php?t=75673)

chessmaster05 01-26-2017 08:26 PM

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?

JohannBernoulli1667 01-26-2017 08:27 PM

Re: Matter of Arrabally and Yerrabelly. Overruled?
 
Quote:

Originally Posted by chessmaster05 (Post 599681)
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?

Probably...

Very possible.

Malign0n 01-26-2017 09:16 PM

Re: Matter of Arrabally and Yerrabelly. Overruled?
 
Yes pretty much. The attorney general has the power to overrule Bia decisiobs

chessmaster05 01-26-2017 09:30 PM

Re: Matter of Arrabally and Yerrabelly. Overruled?
 
Quote:

Originally Posted by Malign0n (Post 599700)
Yes pretty much. The attorney general has the power to overrule Bia decisiobs

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

Venus 01-26-2017 09:37 PM

Re: Matter of Arrabally and Yerrabelly. Overruled?
 
Quote:

Originally Posted by chessmaster05 (Post 599704)
Fuck!! What happens to those who have pending applications?

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?

JohannBernoulli1667 01-26-2017 10:00 PM

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?

chessmaster05 01-26-2017 10:07 PM

Re: Matter of Arrabally and Yerrabelly. Overruled?
 
Quote:

Originally Posted by JohannBernoulli1667 (Post 599714)
Does that statue apply only to people who are going through advanced parole or does it affect overstays as well?

Only those who are going through AP.

JohannBernoulli1667 01-26-2017 10:18 PM

Re: Matter of Arrabally and Yerrabelly. Overruled?
 
Quote:

Originally Posted by chessmaster05 (Post 599717)
Only those who are going through AP.

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.

Ianus 01-26-2017 10:46 PM

Re: Matter of Arrabally and Yerrabelly. Overruled?
 
Quote:

Originally Posted by chessmaster05 (Post 599681)
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?

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.

chessmaster05 01-27-2017 12:36 AM

Re: Matter of Arrabally and Yerrabelly. Overruled?
 
Quote:

Originally Posted by Ianus (Post 599727)
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.

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?


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