In re Ulloa: IJ Must Advise Respondent of Right to Apply for Public Charge Waiver

IMMIGRATION LAW & POLICY

Public Charge

In Re Ulloa: Immigration judge must advise respondent of right to apply for public charge waiver
Immigrants' Rights Update, Vol. 13, No. 4 , June 30, 1999

An immigration judge must advise a respondent who is inadmissible as a person likely to become a public charge of the right to apply for a waiver of inadmissibility, the Board of Immigration Appeals has ruled.

The respondent in the case before the BIA had applied for adjustment of status in deportation proceedings. However, an IJ had denied the respondent’s application, finding that he was inadmissible as a person likely to become a public charge.

The respondent argued that pursuant to 8 CFR section 242.17(a), the IJ should have advised him of the right to apply for a waiver of inadmissibility available under section 213 of the Immigration and Nationality Act, but that the IJ had failed to do so.

The BIA agreed with the respondent and sustained his appeal. The Immigration and Naturalization Service argued that the IJ had no authority to apply INA section 213 to the respondent. But the BIA rejected this argument, finding that implementing regulations specifically give the IJ authority to grant or deny an alien a waiver of inadmissibility regarding public charge under section 213.

In re Ulloa, Int. Dec. 3393 (BIA May 24, 1999).