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Question: When an alien is ordered removed by an Immigration Judge may new evidence or new decisions of the Supreme Court or Court of Appeals be submitted by an alien to the BIA on appeal? Answer: Yes. Newly discovered evidence not available at the prior merit hearing and new decisions of the higher courts may be submitted to the BIA to pursue adjustment of status to permanent resident, request a waiver or cancel removal.
Question: What are examples of evidence that may be submitted to the BIA?Answer: Evidence that will prove your eligibility to an immigrant visa or waiver of deportability/inadmissibility or cancellation of removal may be submitted. This evidence must not be available at the time of the merit hearing with the Immigration Judge. Examples are (1) approval of I-130 petition that gives you immediate eligibility for an immigrant visa; (2) birth of a child if the issue is lack of good faith marriage; (3) marriage to a US citizen or new visa for immediate relatives that will qualify you to adjust status to permanent resident or for waiver of deportability/inadmissibility, (4) new decisions of the Supreme Court and Court of Appeals that will give you eligibility of waiver such as the newly decided case allowing waiver of misrepresentation even if the US citizen parent already died..Question: What is the procedure for submitting new evidence?
Answer: The new evidence may be submitted to the BIA with a Motion to remand the proceedings to the Immigration Judge. A Motion to Remand is a request to send the case back to where it originally comes from before the appeal. Upon remand the Immigration Judge will decide whether the new evidence is sufficient to grant an immigrant visa or waive deportability/inadmissibility or cancel deportability.Question: What are the requirements for filing a Motion to remand?
Answer: The supporting documents that prove eligibility for an immigrant visa or waiver of deportability must be submitted with the motion to remand.Question: How do
Iknow if Iqualify to submit new evidence on appeal?Answer: You should consult immediately with an immigration attorney if the situation applies to you since time is of the essence on this matter.
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