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Exceptional And Extremely Unusual Hardship
Exceptional and extremely unusual hardship is a legal term in the United States, primarily in the Immigration and Nationality Act (INA). United States Immigration and Nationality Act The term "exceptional and extremely unusual hardship" is mentioned in a number of statutes of the Immigration and Nationality Act (INA),See generally {{uscsub, 8, 1229b, b, 1, D which was enacted by the U.S. Congress in 1952 and amended a number of times over the past sixty years. The terms "exceptional and extremely unusual hardship" and "extreme hardship" are not synonymous but obviously different from each other.''Matter of Montreal''23 I&N Dec. 56 64 ( BIA 2001) (en banc) ("This case presents a good example of the difference between the 'extreme hardship' and the 'exceptional and extremely unusual hardship' standards."). Under the INA, effects of certain grounds to deportability can be waived by immigration officers under the U.S. Secretary of Homeland Security or by immigration judges under th ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Immigration And Nationality Act
The U.S. Immigration and Nationality Act may refer to one of several acts including: * Immigration and Nationality Act of 1952 * Immigration and Nationality Act of 1965 * Immigration Act of 1990 See also * List of United States immigration legislation * Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (Bill S.744) was a proposed immigration reform bill introduced by Sen. Charles Schumer ( D- NY) in the United States Senate. The bill was co-sponsored by the oth ... {{sia ...
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United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires ...
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Extreme Hardship
Extreme Hardship is a legal term in the United States of America's Immigration Law. United States Immigration Law: Extreme Hardship In U.S. Immigration law effects of certain grounds to deportability and inadmissibility can be waived, under the discretion of the USCIS adjudicator or immigration court. Several waivers are available by the statute of immigration codes while some other require showing "extreme hardship" potentially caused to a qualifying family member (the US citizen or legal permanent resident's close relatives) of the defendant (person excluded from admission or being removed). Note that the hardship to the defendant is not relevant here, only the hardship caused to the qualifying family by removing the defendant or excluding him from admission. The waivers are governed by INA 212 and INA 237 (potentially some others: add?). The United States Waiver of Inadmissibility application(I-601 United States Waiver of Inadmissibility An Application for Waiver of Grounds of ...
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Synonym
A synonym is a word, morpheme, or phrase that means exactly or nearly the same as another word, morpheme, or phrase in a given language. For example, in the English language, the words ''begin'', ''start'', ''commence'', and ''initiate'' are all synonyms of one another: they are ''synonymous''. The standard test for synonymy is substitution: one form can be replaced by another in a sentence without changing its meaning. Words are considered synonymous in only one particular sense: for example, ''long'' and ''extended'' in the context ''long time'' or ''extended time'' are synonymous, but ''long'' cannot be used in the phrase ''extended family''. Synonyms with exactly the same meaning share a seme or denotational sememe, whereas those with inexactly similar meanings share a broader denotational or connotational sememe and thus overlap within a semantic field. The former are sometimes called cognitive synonyms and the latter, near-synonyms, plesionyms or poecilonyms. Lexicograph ...
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Board Of Immigration Appeals
The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement. The BIA was established in 1940 after the Immigration and Naturalization Service was transferred from the United States Department of Labor to the Department of Justice. History 1891–1917: Early federal immigration laws The Board of Immigration Appeals traces its origins to the Immigration Act of 1891, which was the first comprehensive federal law that governed the immigration system. The Act established an Office of Immigration within the Department of the Treasury, which would be supervised by a Superintendent of Immigration and responsible for handling immigration functions. The Act also laid o ...
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En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ...
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Cancellation Of Removal
Cancellation of removal is a provision of the Immigration and Nationality Act (INA) of the United States that allows some aliens who are in removal proceedings, who have lived in the United States for a long period of time and meet certain other conditions, to apply to remain in the United States and have the removal proceedings terminated.INA § 240A(a), Cancellation of removal was crafted by the U.S. Congress to replace "suspension of deportation," a similar form of relief available prior to April 1, 1997.''Othi v. Holder''734 F.3d 259 264-65 (4th Cir. 2013) ("In 1996, Congress 'made major changes to immigration law' via IIRIRA. . . . These IIRIRA changes became effective on April 1, 1997."). Cancellation of removal is potentially available to aliens. A non-Lawful permanent resident (LPR) who is granted cancellation of removal becomes an LPR.INA § 240A(b), ("Cancellation of removal and adjustment of status for certain nonpermanent residents"). Background Prior to April 1, 1 ...
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Immigration Officer
An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws. United Kingdom In the United Kingdom, immigration officers are present in the Border Force and Immigration Enforcement – both law enforcement commands of the Home Office – and the National Crime Agency. Powers are conferred by the Immigration Act 1971 and who also act in accordance with Immigration Rules. The Immigration Rules are statutory instruments laid down by Parliament under Section 3(2) of the 1971 Act which governs the regulation of entry into the United Kingdom. The Rules are amended by Primary Legislation when required, and provide a framework to ensure that those that come to, or remain in, ...
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United States Secretary Of Homeland Security
The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with ensuring public safety in the United States. The secretary is a member of the Cabinet of the United States. The position was created by the Homeland Security Act following the attacks of September 11, 2001. The new department consisted primarily of components transferred from other Cabinet departments because of their role in homeland security, such as the Coast Guard, the Federal Protective Service, U.S. Customs and Border Protection (which includes the United States Border Patrol), U.S. Immigration and Customs Enforcement (which includes Homeland Security Investigations), the United States Secret Service and the Federal Emergency Management Agency. It does not, however, include the Federal Bureau of Investigation or the U.S. Marshals Service. They continue to operate under U.S. Department of Justice. The current secretary of ...
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Immigration Judge (United States)
An immigration judge, formerly known as a special inquiry officer, is an employee of the United States Department of Justice who confers U.S. citizenship or nationality upon lawful permanent residents who are statutorily entitled to such benefits. An immigration judge also decides cases of aliens in various types of removal proceedings. During the proceedings, an immigration judge may grant any type of immigration relief or benefit to an alien, including to his or her family members. An immigration judge is appointed by (and works under the direction of) the U.S. Attorney General. In other words, under the Immigration and Nationality Act (INA), immigration judges act as representatives of the Attorney General and can only act according to authority delegated by the Attorney General (such as under the regulations) or by the INA. There are approximately 465 immigration judges located across the United States. An immigration judge can either be a citizen or a national of the United ...
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United States Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies. Merrick Garland has been the United States attorney general since March 11, 2021. History Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all sui ...
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