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Success Stories
SIKH PRIEST OBTAINS APPROVAL OF
RELIGIOUS WORKER – R-1- VISA PETITION We successfully petitioned
U.S.C.I.S. for approval of an R-1 visa to an
internationally recognized Sikh preacher who travels
world-wide delivering Katha and Kirtan-sermons and
hymns- and reciting the Gurbani (special sermon) in
Gurdwaras (temples).
Approval of the R-1 visa classification will
allow a visa application to be made to the U.S.
consulate abroad to permit the priest to remain in
the U.S. for an initial three-year period which may
be extended for up to six years. JUNE,
2011 Lawyer’s
Note:
We utilized Premium
Processing which requires U.S.C.I.S. to adjudicate
an R-1 petition within 15 days with payment of an
additional fee.
U.S.C.I.S. is required to refund the premium
fee if it does not respond to (not necessarily
decide) the petition within 15 days. ADJUSTMENT OF STATUS GRANTED AFTER
ALMOST SEVEN-YEAR WAIT FOLLOWING GRANT OF ASYLUM Foreign National was granted
asylum based on political persecution in native
country and applied for Adjustment of Status based
on the approved asylum application. Foreign National was unable, however, to get U.S.C.I.S. to
adjudicate the adjustment application after waiting
almost six years and sought our help. We were also
unable to get any definitive answer from U.S.CI.S.
and so asked for the assistance of an AILA
Liaison Committee which also did not get an adequate
response. We then made a request for the Foreign
National’s file through a Freedom of Information
Request (FOIA) and shortly thereafter, the FN was
granted Lawful Permanent Residence. Lawyer’s
Note: Quite
often, the easiest and most cost-effective means of
obtaining information about one’s immigration
background and status is through an FOIA request to
the U.S. government.
It is taking an average of four to six months
to get a response to such a request. JUNE,
2011 U/S. Citizenship Granted Following Civics Examination in Native Language Naturalization applicant who was long-term permanent resident but not completely fluent in English was able to take and pass the required U.S. civics examination in his native language at our request. Lawyer’s Note: The Immigration and Nationality Act provides that naturalization applicants age 50 and over and who have been living in the U.S. with Green Cards for at least 20 years or age 55 and over and have had their Green Cards for more than 15 years may take the naturalization test in their native language. Individuals over 65 years old with 20 years as Lawful Permanent Residents are entitled to further "special consideration" by being required to answer only 6 questions correctly from a pool of 25 easier questions than the usual 100 questions. April 2011
Conditions on Temporary Residence Removed Avoiding Removal Foreign National who gained Conditional (Temporary) Residence through parent’s petition attempted, on her own, to gain permanent residence by filing successive erroneous Forms I-90, all of which unsuccessful, and ultimately causing Foreign National to be placed in Removal proceedings. We filed the correct form – Form I-751- which U.S.C.I.S. approved after interviewing the Foreign National and her parent allowing the Foreign National to obtain Lawful Permanent Residence. Removal proceedings will now be terminated. Lawyer’s Note: Conditional Residence is usually only given for two (2) years after which a new petition must be filed and approved by U.S.C.I.S. in order to acquire permanent residence. This case illustrates how costly mistakes can be made by simply filing the wrong form with U.S.C.I.S and which can have quite serious consequences including being placed in Removal proceedings and even being deported. March 2011 December
2010 REMOVAL PROCEEDING TERMINATED SINCE
RESPONDENT FOUND TO HAVE ACQUIRED CITIZENSHIP
THROUGH PARENT
Respondent was
placed in Removal Proceedings after a felony
conviction. Respondent’s
mother had however, become a naturalized U.S.
citizen when Respondent was under 18 years old. He
had also obtained a U.S. Passport which we submitted
in the Removal Proceeding. The government’s
counsel and then the Immigration Judge ultimately
agreed that Respondent was, indeed, a U.S. citizen
and so terminated the proceeding.
Lawyer’s Note:
A foreign national may
acquire U.S. citizenship derivatively through either
a U.S. father or mother so long as either parent was
a U.S. citizen before the foreign national’s 18th
birthday. However,
varying laws apply and may depend upon factors such
as the marital status of the foreign national’s
parents, the child’s date of birth, the father’s
place of residence both before and after the
child’s birth and whether or not paternity has
been established. Therefore, it is important that
the factual circumstances of each case be carefully
examined. Further Note: The U.S. Supreme Court will soon be deciding whether mothers and fathers may be treated differently under the U.S. constitution in determining how their children may claim derivative citizenship. October, 2010 TERMINATED H-1B EMPLOYEE AWARDED BACK PAY H-1B employee (temporary professional worker) was terminated by employer before the expiration of the term of her H-1B visa. Employer failed to notify U.S.C.I.S. of the termination and also failed to offer the terminated employee the return transportation home. We filed a complaint with the Wage and Hour Division of the U.S. Department of Labor which agreed that the employer had not effectuated a “bona fide termination” of the employee. It therefore awarded the terminated employee back pay from the date of the termination up to the date of the new H-1B visa acquired through a new petition filed by a subsequent employer. Lawyers Note: Employers must be careful not to expose themselves to liability under both U.S.C.I.S. and the Department of Labor’s regulations and must strictly comply with these regulations if they ever deem it necessary to terminate an H-1B employee. In addition, there is precedent for the award of back pay for the full unexpired period of the H-1B visa although in this case, the DOL only awarded back pay up to the date of the new H-1B visa as a matter of “policy”. September 2010 L-1A Visa Petition Approved for Latin American Managerial Transferee An L-1A Visa Petition has been approved for the intra-company transfer of a manager of a relatively small Latin American engineering company having an affiliate office in New York . The temporary working visa has been awarded for an initial three-year period which may be extended for incremental periods of up to seven years. Lawyers Note: The firm is especially pleased at this petition approval since the petition was approved in less than 30 days without having to respond to any request from U.S.C.I.S. for additional evidence to support the petition. In addition, it shows the firm’s commitment to satisfying the needs of all of our clients-intending non-immigrants and immigrants alike. NACARA APPLICANT SUCCESSFUL IN DEFEATING DEPORTATION AND OBTAINING LAWFUL PERMANENT RESIDENT STATUS Foreign national who entered the U.S. as a child with his family was placed in Deportation proceedings when family’s application for asylum was denied. Family however met eligibility requirements for relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA) and all were granted adjustment of status except for foreign national. We persuaded counsel for Immigration and Customs Enforcement (ICE) to join in a motion to reopen the deportation proceedings and thereby obtained a hearing before an Immigration Judge. After we submitted extensive documentation of eligibility for adjustment under NACARA and showed there was no legal basis for treating foreign national differently from his other family members, we ultimately prevailed. Lawyer’s Note: Since the case was so old, a key to our success was persuading counsel for the government to join in the motion to have the case reopened. August, 2010 VAWA APPLICANT AND FAMILY GRANTED LAWFUL PERMANENT RESIDENT STATUS Foreign national who had suffered physical and mental abuse from United States citizen spouse was placed in Removal proceedings after spouse failed to appear for the Adjustment of Status interview. We filed a Petition under the Violence against Women Act of 1994 (VAWA) which was approved and which then formed the basis for seeking Adjustment of Status before the Immigration Judge. Since the foreign national’s children were minors when the VAWA Petition was filed, they also derived lawful residence from their mother’s petition. May 2010 CANCELLATION OF REMOVAL GRANTED AFTER SIX-MONTH DETENTION Foreign national who had lawful permanent resident status in the United States was detained by Immigration and Customs Enforcement (ICE) based on prior criminal convictions including drug possession. Foreign national was denied bond due to drug convictions but had long residency in and extensive ties to the United States . After being detained for more than six months far from home, an Immigration Judge eventually granted Cancellation of Removal allowing foreign national to be reunited with his family. Lawyer’s Note: ICE denied a parole request which would have allowed foreign national to be released while his removal case was pending despite the strong equities of the case which made Cancellation of Removal likely to be granted. A request for parole in such circumstances is nevertheless highly recommended. February, 2010 VAWA PETITION GRANTED TO FAMILY IN REMOVAL PROCEEDINGS Foreign national and children were all placed in removal proceedings after her abusive U.S. citizen spouse failed to attend interviews scheduled in relation to the petition filed for the family’s permanent residence and he and foreign national separated. We filed a petition under the Violence Against Women Act (VAWA) which has been granted by the Vermont Service Center and which now permits the family to adjust status in the proceedings before the Immigration Judge ***Legal Alert*** A Petitioner who files as an abused spouse must show that he or she has “good moral character” failing which the Petition will be denied. U.S.C.I.S. will require a criminal background check of the Petitioner as one the initial steps in establishing a prima facie case. January, 2010 LAWFUL PERMANENT RESIDENCE GRANTED AFTER REMOVAL TO NATIVE COUNTRY Foreign national was ordered removed by Immigration Judge and then actually removed to native country following denial of his application for asylum. While Removal proceedings were pending, a visa number became available through a petition filed by his U.S. citizen sibling. The Immigration Judge was presumably unaware that foreign national was eligible to adjust status through his sibling’s petition. We were retained after the removal had already taken place. We immediately requested visa processing through the National Visa Center which resulted in Immigrant Visas being granted for the foreign national as well as his entire family.
October, 2009
NATURALIZATION APPLICATION APPROVED AFTE FAILURE TO REGISTER FOR SELECTIVE SERCICE
Resident
failed to register with the Selective Service
although he had been living in the U.S. as a lawful
permanent resident as a young man.
Young men living in the U.S. as Lawful Permanent Residents between the ages of 18 and 26 must register with the Selective Service. The intentional failure to do so may lead to the denial of Immigration benefits, most notably the ability to become U.S. citizens. Resident failed to register with the Selective Service although he had been living in the U.S. as a lawful permanent resident as a young man.
September,
2009 REMOVAL
DEFEATED DESPITE ALLEGED FRAUD TO OBTAIN GREEN CARD Government
sought to remove lawful permanent resident from U.S.,
after she applied for U.S. citizenship, claiming
that she had obtained her residence fraudulently
when she misrepresented her marital status.
Resident obtained her residence when she was
just a young girl and had gotten married after the
petition for her residence was filed.
Neither she nor her family knew that her
marriage made her ineligible to immigrate. We
were able to persuade both the government and the
Immigration Judge that resident did not
intentionally misrepresent her marital status at the
consular interview but that it was only an innocent
error. We
argued also that Removal would result in extreme
hardship to her U.S. citizen and children.
Resident’s lawful permanent resident status was
reinstated by the Immigration Judge allowing her to
remain in the United States with her husband and
children.
February,
2009 MOTION
TO RECONSIDER REVOCATION OF RESIDENCE APPROVAL
SUCCESSFUL ALLOWING ADJUSTMENT OF STATUS OF FOREIGN
NATIONAL Approval
of Petition for foreign national’s residence was
revoked and Removal threatened when the government
alleged that U.S. citizen petitioning spouse had
falsified his marital status when he obtained U.S.
citizenship many years before. U.S.
citizen attempted unsuccessfully, on his own, to
have the government reconsider its position. We
successfully moved for the case’s re-consideration
showing that there had been no misrepresentation in
spouse’s citizenship application.
Foreign national then obtained lawful
permanent resident status not only for herself but
also for her children who were back waiting in home
country.
August,
2008 REMOVAL
DEFEATED DESPITE CONTROLLED SUBSTANCE
CONVICTION Government
attempted to remove (deport) permanent resident from
the United States, where he had lived for most of
his life, based on his conviction for Attempted
Possession of a Controlled Substance (Cocaine).
The government
argued that this was an Aggravated Felony
which made him ineligible for any kind of remedy.
The Immigration Judge ruled against the
resident finding that he was ineligible for any kind
of relief from removal, including Cancellation of
Removal. We
appealed to the Board of Immigration Appeals which
returned the case to the Immigration Judge because,
among other things, the U.S. Supreme Court clarified,
while the case was on appeal, that a conviction for
conduct which is a felony under state law but only a
misdemeanor under the corresponding federal law,
could not be punishable as an Aggravated Felony
under the Immigration law.
Lopez v. Gonzalez, 127 S. Ct. (2006).
The resident ultimately prevailed before the
Immigration Judge and was permitted to remain in the
United States with his family as a lawful permanent
resident.
July,
2008 REMOVAL
ORDER ENTERED IN ABSENTIA REOPENED AFTER MORE THAN
TWO YEARS AND ADJUSTMENT OF STATUS GRANTED TO VISA
WAIVER ENTRANT Foreign
National (FN) left U.S. after spouse had already
petitioned for her permanent residence but without
first obtaining Advance Parole document.
FN was detained when she later attempted to
re-enter the U.S. and placed in Removal proceedings.
FN left U.S. again before court date
scheduled leading to Order of Deportation being
entered in her absence.
FN later entered U.S. again under Visa Waiver
Program and later learned of existence of Removal
Order. We
successfully moved to have the Order of Removal
reopened before the Immigration Judge although more
than two years had elapsed since its entry
permitting FN to adjust status in the renewed spouse
Petition.
***LEGAL
ALERT*** After an Application for Adjustment of Status has been filed, one must be careful to obtain a travel document (Advance Parole) before departing the U.S. or else risk the Adjustment Application being considered abandoned and being placed in Removal proceedings upon re-entering the U.S.
GOOD
FAITH MARRIAGE FOUND BY IMMIGRATION JUDGE WHERE
CONDITIONAL RESIDENT SPOUSE TOLERATED THREATS FROM
INCARCERATED EX-SPOUSE Foreign
national who had obtained conditional residence
through his marriage was sought to be deported when
his U.S. citizen spouse abandoned him to re-unite
with her previously incarcerated ex-husband. This
made him unable to demonstrate adequately to U.S.C.I.S.
that his less than two-year marriage had been
entered in good faith.
We
were able to persuade the Immigration Judge that
foreign national’s perseverance in marriage
despite continued threats from his wife’s
incarcerated ex-husband demonstrated his commitment
to his U.S. citizen wife and to the marriage which
he entered in good faith.
Foreign national was therefore permitted to
remain in the United States as a lawful permanent
resident. ALLEGATION
OF FALSE CLAIM TO CITIZENSHIP OVERCOME Foreign
national’s Application for Adjustment of Status
was denied upon the government’s allegation that
he had falsely claimed to be a U.S. citizen when he
was arrested for drunk driving. We
filed a Motion to Reconsider showing that the
foreign national had made no such claim and,
furthermore he could have obtained no benefit under
any law by making such a claim.
The Motion was successful and Adjustment of
Status was granted. Lawyer’s Note: A false claim to U.S. citizenship is extremely serious since, if proved and it was made to obtain a benefit under the Immigration and Nationality Act or any federal or state law, it is a ground of inadmissibility to the U.S. for which no waiver is available.
January,
2008 PERMANENT RESIDENCE GRANTED ALTHOUGH NAME OF MOTHER MISSING FROM PAKISTANI BIRTH CERTIFICATE
U.S.
Citizen petitioned to have his Pakistani born
children immigrate to U.S.
as lawful permanent resident. However, the
name of the children’s mother-the Petitioner’s
ex-spouse- was missing from their Birth Certificates,
the mother could not be located to affirm maternity
of the child, and U.S.C.I.I.S. denied the Petitions
despite DNA evidence which established the
children’s paternity. With help from the testimony of Professor Shaul Gabbay of the University of Colorado and expert in Muslim, Arab and Middle East Societies, we were able to persuade U.S.C.I.S. , on appeal, that in certain Moslem cultures, it is not uncommon for the name of the mother to be absent from birth records and that this child was, in fact, the legitimate child of his parents. The Petitions were ultimately approved.
May,
2007 SPECIAL
IMMIGRANT JUVENILE STATUS GRANTED FOR UNACCOMPANIED
MINOR Minor
child who crossed Mexican border unaccompanied was
detained, placed in deportation proceedings and
transferred into the custody of his uncle in New
York. We
petitioned the family court to have the minor
classified as a juvenile who was eligible to be
placed in long-term foster care due to abandonment
and that it was not in the child’s best interest
to be returned to his previous country. The petition was successful although we also initiated proceedings to have the child’s uncle named as his legal guardian. Armed with the two Orders from the Family Court, we were able to persuade the Immigration Judge to approve the Special Immigrant Juvenile Status Petition thereby allowing the child to adjust status to that of a lawful permanent resident.
AUGUST,
2006 U.S.
CITIZENSHIP GRANTED DESPITE FELONY CONVICTIONS OF
ASSAULT AND CRIMINAL POSSESSION OFA WEAPON U.S.
citizenship was initially denied to unrepresented
foreign national due to prior felony convictions for
assault in the second degree and criminal possession
of a weapon. State
judge had also issued order recommending against
deportation and foreign national (fn) also obtained
certificate of relief against disabilities from the
state. Citizenship was denied although more than 10
years had elapsed since the convictions. A
few years later, when we were retained, we refiled
the citizenship application on the foreign
national’s behalf and upon obtaining medical
certification that the foreign national was not a
danger to herself or anyone else, U.S. citizenship
was granted. Lawyer’s
Note:
Judicial
Recommendations against Deportation (JRADs) were
abolished by the Immigration Act of 1990 and so are
no longer in use.
JRADs obtained prior to the law’s
rescission may still be effective, however, in
certain circumstances. ****LEGAL
ALERT**** An unlawful act committed within five years of applying for U.S. citizenship may bar a finding of “good moral character” which is required for citizenship to be granted. U.S.C.I.S. has the discretion, however, to consider acts committed outside the five-year period to determine “good moral character.”
“AGE QUOD AGIS” – “DO IT WITH ALL YOUR MIGHT”
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