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DAP Forums > DREAM Act > The Lounge

Matter of Arrabally and Yerrabelly. Overruled?

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#1
01-26-2017, 08:26 PM
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chessmaster05
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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?
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#2
01-26-2017, 08:27 PM
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Quote:
Originally Posted by chessmaster05 View Post
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.
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#3
01-26-2017, 09:16 PM
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Yes pretty much. The attorney general has the power to overrule Bia decisiobs
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#4
01-26-2017, 09:30 PM
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Quote:
Originally Posted by Malign0n View Post
Yes pretty much. The attorney general has the power to overrule Bia decisiobs
Fuck!! What happens to those who have pending applications?
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#5
01-26-2017, 09:37 PM
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Quote:
Originally Posted by chessmaster05 View Post
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?
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Last edited by Venus; 01-26-2017 at 09:40 PM..
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#6
01-26-2017, 10:00 PM
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Does that statue apply only to people who are going through advanced parole or does it affect overstays as well?
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#7
01-26-2017, 10:07 PM
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Quote:
Originally Posted by JohannBernoulli1667 View Post
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.
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#8
01-26-2017, 10:18 PM
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Quote:
Originally Posted by chessmaster05 View Post
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.
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#9
01-26-2017, 10:46 PM
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Quote:
Originally Posted by chessmaster05 View Post
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.
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#10
01-27-2017, 12:36 AM
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Quote:
Originally Posted by Ianus View Post
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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