Tuesday, September 11, 2012


HUMA HANRATTY KAMGAR, New York Immigration Attorney, won motion to reconsider on appeal with the Board of Immigration Appeals  (BIA) having reversed and vacated Immigration Judge (IJ) finding that the asylum applicant had filed a "frivolous" application nine years ago. 

For all asylum  applications filed on or after April 1, 1997, an application is subject to the provisions of section 208(d)(6) of the Act only if a final order by an immigration judge or the Board of Immigration Appeals specifically finds that the alien knowingly filed a frivolous asylum application. 

 The Immigration forms and Immigration courts routinely provide asylum applicants with Warning Against Filing a Frivolous Asylum
If you file a frivolous asylum application, you will be PERMANENTLY BARRED from seeking any form of discretionary relief in the United States, including adjustment of status, cancellation of removal, or voluntary departure.
For immigration purposes, an asylum application is frivolous if any of its material elements is deliberately fabricated.

Remember, the credibility of your claim is at issue in an asylum case. What you write in your application, and what you say under oath in an asylum interview or in an immigration court, will decide whether you are a credible person and have a credible claim.
If the immigration judge finds that you have filed a fraudulent asylum application, not only will you have a deportation order that will be difficult to reverse on appeal, but you will never be able to apply for any other form of discretionary relief!

So, if you knowingly submit a fraudulent asylum application, you are subject to the harsh penalty of permanently becoming ineligible for other relief, regardless of sympathetic circumstances.

A frivolous finding is basically a “death sentence” for immigration purposes, so you should never file a frivolous application.
However, if for some reason an Immigration Judge finds that an asylum applicant has filed a "frivolous asylum application" you can challenge that finding later on.

In 2003, an asylum applicant was denied asylum and all other relief and was also slammed by the Immigration judge with a "frivolous finding". The immigration judge's finding that the asylum applicant had filed a frivolous asylum application banned the applicant FOREVER from receiving any immigration benefit under the Immigration & Nationality Act. The applicant was ordered deported.

Years later, in 2010 while still in the United states, the applicant met, fell in love and married a U.S. citizen.  When the U.S. citizen wife petitioned for the applicant as her husband to get the green card or adjustment of status it was denies by the Department of Homeland security (DHS). The reason for the denial of adjustment of status petition was the "frivolous finding" of 2003.

In 2011, the applicant and his wife consulted and retained NYC Immigration attorney Huma  Hanratty Kamgar. By a motion to reconsider on appeal, attorney Huma Hanratty Kamgar was able to get the "frivolous finding" reversed and vacated by the Board of Immigration Appeals (BIA). Despite strong opposition by the DHS, immigration attorney Huma Hanratty Kamgar, successfully persuaded the BIA to reverse and vacate the "frivolous finding".  The BIA stated in pertinent part that "we agree that sua sponte reconsideration of that aspect of our prior order is warranted" "we will sua sponte reconsider and vacate that aspect of our ...order affirming  the immigration judge's frivolous finding."    

Because of successful and  sound legal arguments made by immigration attorney Huma Hanratty Kamgar and the resulting victory enabled the applicant to file for a green card based on marriage to a U.S. citizen and he will be able to adjust status without leaving the United States.

Also Check out A successful motion to Reopen made by Huma Kamgar wherein the asylum applicant was denied without a hearing more then ten years ago and violated voluntary departure order...Upon a motion to eopen based on complexed legal basis the case was reopened by the immigration judge for a new hearing and a new asylum claim!!!!!!
Click on the following link:
 If you or any one you know is facing similar predicament please do not delay in despair. Help may be just a phone call away.


Law Office  of Huma H. Kamgar, Esq.,
305 Broadway 14th Fl
New York, NY 10007

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