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February 24, 2015

Matter of Rosa Isela VELASQUEZ-CRUZ,



Posted by Norka M. Schell, Esq.
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589 / (973)621-9300
Website: www.lawschell.com

Matter of Rosa Isela VELASQUEZ-CRUZ, Respondent 
Decided December 10, 2014 
U.S. Department of Justice Executive Office for Immigration Review 
Board of Immigration Appeals 

An alien’s departure from the United States following a criminal conviction for illegal entry under section 275(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1325(a)(1) (2012), interrupts the 10-year period of continuous physical presence required to establish eligibility for cancellation of removal under section 240A(b)(1) of the Act, 8 U.S.C. § 1229b(b)(1) (2012). 

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Matter of Oshane Shaneil CROSS

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Matter of Oshane Shaneil CROSS: Posted by: Norka M. Schell, Esq Law Offices of Norka M. Schell, LLC Tel. (212)564-1589/ (973)621-9300 Website: www.lawschell.com Matter...

Matter of Oshane Shaneil CROSS

Posted by: Norka M. Schell, Esq
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589/ (973)621-9300
Website: www.lawschell.com

Matter of Oshane Shaneil CROSS, Respondent 
Decided February 12, 2015 
U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals 

A person born out of wedlock may qualify as a legitimated “child” of his or her biological parents under section 101(c)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1101(c)(1) (2012), for purposes of citizenship if he or she was born in a country or State that has eliminated all legal distinctions between children based on the marital status of their parents or had a residence or domicile in such a country or State (including a State within the United States), if otherwise eligible. Matter of Hines, 24 I&N Dec. 544 (BIA 2008), and Matter of Rowe, 23 I&N Dec. 962 (BIA 2006), overruled in part. Matter of Clahar, 18 I&N Dec. 1 (BIA 1981), and Matter of Goorahoo, 20 I&N Dec. 782 (BIA 1994), reaffirmed.