The following categories of aliens are ineligible for benefits under the Family Unity Program:
(a) An alien who is deportable under any paragraph in section 237(a) of the Act, except paragraphs (1)(A), (1)(B), (1)(C), and (3)(A); provided that an alien who is deportable under section 237(a)(1)(A) of such Act is also ineligible for benefits under the Family Unity Program if deportability is based upon a ground of inadmissibility described in section 212(a)(2) or (3) of the Act;
(b) An alien who has been convicted of a felony or three or more misdemeanors in the United States;
(c) An alien described in section 241(b)(3)(B) of the Act; or
(d) An alien who has committed an act of juvenile delinquency (as defined in 18 U.S.C. 5031) which if committed by an adult would be classified as:
(1) A felony crime of violence that has an element the use or attempted use of physical force against another individual; or
(2) A felony offense that by its nature involves a substantial risk that physical force against another individual may be used in the course of committing the offense.
[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43680, July 14, 2000]
Notes of Decisions
Vasquez De Alcantar v. Holder, 645 F.3d 1097 (9th Cir. 2011).
· cites it 2× “8 C.F.R. § 236.13 . Nothing in the regulations or statutes provides the same exclusions for beneficiaries of an I-130 visa petition.”
Sanchez v. Sessions, 904 F.3d 643 (9th Cir. 2017).
“2 See 8 C.F.R. § 236.13 (b). As a result, Sanchez was without lawful status on February 25, 2010, the day he and his friends embarked on their ill-fated fishing trip from Channel Islands Harbor.”
Luis Sanchez v. Jefferson Sessions, 870 F.3d 901 (9th Cir. 2017).
“2 8 C.F.R. § 236.13 (b). 1 Sanchez qualified for Family Unity Benefits through his father because he was the unmarried child of his father, who had obtained lawful status as a Special Agricultural Worker.”
Luis Sanchez v. Jefferson Sessions (9th Cir. 2018).
“2 See 8 C.F.R. § 236.13 (b). As a result, Sanchez was without lawful status on February 25, 2010, the day he and his friends embarked on their ill-fated fishing trip from Channel Islands Harbor.”
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