Discretionary determination.

CFR · 2024-01-01 · US · Title 8

(a) (2) A pending request for deferred action under this section does not authorize or confer any interim immigration benefits such as employment authorization or advance parole. (3) Subject to paragraph (c) of this section, the requestor bears the burden of demonstrating by a preponderance of the evidence that he or she meets the threshold criteria described in paragraph (b) of this section. (b) (1) (2) (i) The absence was short and reasonably calculated to accomplish the purpose for the absence; (ii) The absence was not because of a post-June 15, 2007 order of exclusion, deportation, or removal; (iii) The absence was not because of a post-June 15, 2007 order of voluntary departure, or an administrative grant of voluntary departure before the requestor was placed in exclusion, deportation, or removal proceedings; and (iv) The purpose of the trip, and the requestor's actions while outside the United States, were not contrary to law. (3) (4) (5) (6) (i) Regardless of the sentence imposed, is an offense of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence; or (ii) If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody and, therefore, does not include a suspended sentence. (7) (c)

official document · source cfr-2024 · id 8:§ 236.22