NIW - recent decision
Jan 15th 2017, 6:34 pm
#1
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NIW - recent decision
hi there,
There was a recent legal judgement regarding NIW called Dhanasar - justice.gov/eoir/page/file/920996/download
This seems to lower the threshold. Does that mean that those cases still pending will be judged by this new threshold or will it be based at the time you filed the petition?
Thanks for the opinions
There was a recent legal judgement regarding NIW called Dhanasar - justice.gov/eoir/page/file/920996/download
This seems to lower the threshold. Does that mean that those cases still pending will be judged by this new threshold or will it be based at the time you filed the petition?
Thanks for the opinions
Jan 16th 2017, 8:36 pm
#2
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Re: NIW - recent decision
In what way do you think it lowers the threshold?
Jan 17th 2017, 3:02 am
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Re: NIW - recent decision
Here is the link to Matter of Dhanasar.
What the case does is eliminate the prior "NYSDOT" standards of nearly 20 years ago.
I would not say that it it has "eased" the standards. It would be more accurate that it has restored the eligibility for NIW. In practice, NYSDOT had been used as a reason to deny cases even if they were quite meritorious. In practice, NYSDOT had now really worked out.
Do note that pending cases will be decided on the new standards.
What the case does is eliminate the prior "NYSDOT" standards of nearly 20 years ago.
I would not say that it it has "eased" the standards. It would be more accurate that it has restored the eligibility for NIW. In practice, NYSDOT had been used as a reason to deny cases even if they were quite meritorious. In practice, NYSDOT had now really worked out.
Do note that pending cases will be decided on the new standards.
Jan 18th 2017, 5:22 pm
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Re: NIW - recent decision
Here is the link to Matter of Dhanasar.
What the case does is eliminate the prior "NYSDOT" standards of nearly 20 years ago.
I would not say that it it has "eased" the standards. It would be more accurate that it has restored the eligibility for NIW. In practice, NYSDOT had been used as a reason to deny cases even if they were quite meritorious. In practice, NYSDOT had now really worked out.
Do note that pending cases will be decided on the new standards.
What the case does is eliminate the prior "NYSDOT" standards of nearly 20 years ago.
I would not say that it it has "eased" the standards. It would be more accurate that it has restored the eligibility for NIW. In practice, NYSDOT had been used as a reason to deny cases even if they were quite meritorious. In practice, NYSDOT had now really worked out.
Do note that pending cases will be decided on the new standards.
Feb 22nd 2017, 8:51 am
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Re: NIW - recent decision
So apparently adjudication has halted because of the judgment? Can anyone shed light on this or any information regarding this?
Feb 23rd 2017, 6:14 am
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Re: NIW - recent decision
Really? I checked a few days ago and the website said that priority date May 2016 were currently being assessed (although that doesn't mean that's not where they got up to when they stopped).
Last edited by sherbert; Feb 23rd 2017 at 6:15 am. Reason: typos
