Case Status Update: Approvals: H-1B+ Dependents, I-130s, DACA Renewal, I-751, VAWA Green Card

A long overdue case status update! The Shapiro Law Firm has been very busy over the last couple of months and the approval notices have piled up! This means lots of happy clients! Here is a rundown of the latest approval notices that we have received:

H-1B Renewal & H-4 Dependents Approvals – First up is an approval notice for an H-1B (and H-4) renewal. The employer is a successful tech company and the employee, (hereinafter “X”) is a native and citizen of France. X is been in the U.S. with his wife (a native and citizen of Vietnam) and his two sons (one is also a native and citizen of France and his other son was born in the U.S. this year).

We also filed for a foreign labor certification for X that was approved earlier this year. Now that X’s H-1B renewal is approved, X and his employer can focus on filing the Immigrant Visa Petition for an Alien Worker so that X can concurrently file for his employment-based Green Card. If X or his employer choose not to pursue the Green Card, X will not be able to renew his H-1B again (you can be in the U.S. for a maximum of 6-years as an H-1B Visa Holder) and will have to leave the country when his H-1B expires in a few years. X’s H-1B Renewal Petition was not subject to the annual H-1B cap.

I-797C, I-129 Petition for a Nonimmigrant Worker Approval Notice

I-797C, I-539 - Application to Extend/Change Nonimmigrant Status Approval Notice

Petition to Remove Conditions on Residency for Abused Spouse and Son Approved – Next is an approval notice for an I-751 Petition to Remove Conditions on Permanent Residency for a client, (hereinafter, Y”), and her son who are natives and citizens of Jamaica. Y’s had to self-petition to remove the conditions on her residency after she was subjected to extreme cruelty by her U.S. Citizen Spouse.

Y met her U.S. Citizen Spouse in 2008 on the F Train and married 3 years later. Y and her son received her Conditional Residency in May of 2012 based on the Marriage Petition filed by her U.S. Citizen Spouse. Everything was going great between Y and her husband until shortly after they got married when Y’s behavior began to change. He became extremely jealous and controlling and act out in public by yelling at Y if another man even looked at her. He would not even let Y travel to Jamaica to see her family without him. Y’s husband’s behavior escalated from verbal abuse to physical abuse very quickly, at one point violently slamming a car door on her leg, leaving bruises. Despite their marital woes, Y did not know where to turn for help so she tried to make it work with her husband. In May of 2014 Y filed her first I-751 as a joint petition with her husband. While the I-751 was pending, Y’s husband’s behavior continue to get worse, his verbal threats became death threats and he continued to use more and more physical force against her. Y was so fearful that she stopped going home after work, opting to sleep at friend’s houses or sit in the 24 hours Dunkin’ Donuts across the street. Y finally had the last straw when her husband took away her keys and phone and changed the locks without her knowing.

In February of 2015 Y attempted to file a Family Offense Petition against her husband but it was dismissed at the first appearance because why was unable to miss work to attend. In April of 2015, Y started to get concerned that she did receive any correspondence from USCIS and asked her lawyer if there were any updates. Y eventually learned that her I-751 was denied in July of 2015 after she did not respond to a Request For Evidence. Y’s husband hid the correspondence from USCIS. Y was confused why her attorney failed to inform her of the denial. Shortly thereafter, Y contacted The Shapiro Law Firm after her cousin met Attorney Shaffer and discussed Y’s case. Attorney Shaffer said that something did not sound right because Y’s attorney should have also received all of the correspondence from USCIS and should have appeared in Family Court for Y to request an adjournment so the case was not dismissed. Attorney Shaffer quickly learned that Y’s attorney was disbarred in 1999! Y immediately hired us and switched attorneys upon learning this information. We then re-filed Y’s Family Offense Petition and the I-751 as a self-petition based on the abuse suffered by Y at the hands of her U.S. Citizen husband. The family court granted the family offense petition for Y, and although we re-filed the I-751 as quickly as possible, Y and her son were placed into Removal/ Deportation Proceedings as a result of the initial I-751 denial. Now that the I-751 was approved, we have filed a motion to terminate removal proceedings with the immigration court which should be promptly granted.

I-797, Notice of Removal of Conditional Basis of Lawful Permanent Residence

Marriage Petition (I-130) Approval for Spouse of U.S. Citizen after Stokes Interview –Another I-130 immigrant visa approval for a client, (hereinafter, “U”), a native and citizen of Mali. U and his wife did not use an attorney to file the applications and came to us for help after they attended their first marriage interview and were told they would receive a request for evidence in the mail, but did not receive any further correspondence from USCIS for over a year!

We personally delivered a letter to the interviewing officer and a few weeks later U and his wife were scheduled for a Stokes Interview. We accompanied the couple to the Stokes Interview and a few days later we received the approval notice in the mail! U should receive his Green Card as soon as his background and security checks are complete. U and his wife have been married for over 2-years so U will receive a 10-year Green Card.

Notice of Approval of Relative Immigrant Visa Petition

Marriage Petition (I-130) Approval – We also received an I-130 marriage petition approval notice for the spouse of a U.S. Citizen (hereinafter, “S”). S is a native and citizen of Mexico. S entered the country without inspection (EWI) so he now needs to file a I-601A waiver for his unlawful entry. An I-601A waiver, known as the Provisional Unlawful Presence Waiver is based on the extreme hardship that certain U.S. Citizen and Lawful Permanent Spouses and/ or Parents of the Applicant would suffer if he or she is unable to obtain legal status. Once the waiver is approved, the applicant must depart the U.S. for his or her visa interview at the U.S. Embassy/ Consulate abroad.

The nice thing about this waiver, as opposed to other waivers of inadmissibilities is the Applicant will not have to depart the country until the visa interview is scheduled, and thus will only be out of the country a few weeks. Other waivers require the applicant to first depart the country then file the waiver and wait outside the U.S. while it is adjudicated, which can take 6 months to a year or more!

S’s waiver will be based on the extreme hardship to his U.S. Citizen wife and they are very eager to start the next step in the process of obtaining S’s Green Card.

I-797C, I-130 Petition for Alien Relative Approval

DACA Renewal Approved – We also received an approval notice for a Deferred Action for Childhood Arrivals (DACA) Renewal for a client, (hereinafter “Z”), who is a native and citizen of Indonesia. Remember, you only have until THIS THURSDAY OCTOBER 5 to send your DACA renewal applications to USCIS before they stop accepting the applications. It MUST BE RECEIVED by OCTOBER 5! Call us immediately if you need help filing!

Fortunately for Z, although this will be the last time she can renew her DACA, she already has an approved I-130 petition filed by her LPR Step-father and just finished the Consular Visa Processing. As soon as Z’s visa interview is scheduled in Jarkata, she will leave the U.S. for the interview, and if all goes according to plan, she will re-enter the U.S. as a Lawful Permanent Resident!

I-797C, I-821D Approval Notice

Green Card (I-485) Approval for VAWA and (previous) Withholding of Removal Beneficiary – We also received an approval for a Green Card for a VAWA and Withholding of Removal Beneficiary who is native and citizen of Mali (hereinafter client “W”). W entered the U.S. in 1998 with a B-2 Visitor Visa to join her husband, who previously fled Mali and was eventually granted asylum.

W applied for asylum long after the 1-year filing deadline so she was placed into removal proceedings, eventually the court granted her Withholding of Removal in 2012. Around the same time, W’s husband adjusted status to a permanent resident based on his asylee status and then filed a marriage petition on W’s behalf. Unfortunately, shortly thereafter, W’s husband started to abuse her and he was arrested on domestic violence charges and W obtained an order of protection against him. W left her husband so we filed a VAWA petition for her. Once the VAWA petition was approved, we filed a joint motion with DHS to terminate W’s Removal Proceedings so she can apply for a Green Card! W is thrilled to finally be a Lawful Permanent Resident!

I-797, I-485 - Application to Adjust Status to Permanent Resident Approval Notice

We wish all of our recently-approved clients the best of luck!

**If you need representation in Removal/ Deportation proceedings or with help filing for immigration benefits, contact an experienced immigration attorney at The Shapiro Law Firm today to get started!**

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Approvals: Naturalization & Work Permits

Naturalization Application Approved – Two weeks ago attorney Shaffer attended a naturalization interview with a client, (hereinafter, client “X”), a native and citizen of Haiti. X aced his interview and will officially be a U.S. Citizen when he takes his oath of allegiance at his upcoming Naturalization Ceremony. X is excited to finally become a U.S. Citizen! Congratulations!

Naturalization (N-400) Interview Approval

Work Permit Renewal Approved for VAWA Recipient – Last week we received an approval notice for an Employment Authorization Document (EAD), (hereinafter, Client “Y”), who is a native and citizen of Nigeria. This is a renewal work permit for Y and is based on his pending Violence Against Women’s Act (VAWA) and concurrent Green Card applications. Y came to the U.S. in 2015 with a B1/B2 Visitor Visa and married a U.S. Citizen shortly thereafter. Y’s good faith marriage came to an abrupt end when his wife and a few friends maced him and stole his wallet when he refused to give her more money. Y had to be treated at the hospital and thankfully is doing much better.

Although this horrific incident forced him to separate from his wife, he is clearly a victim of domestic abuse and thus was able to keep open his Green Card application by filing a VAWA petition.

Form I-797, I-765 Approval Notice

Work Permit (EAD) Approvals for Asylum Applicants – We received work permit approval notices for five more clients who are asylum applicants:

Our first client, (hereinafter “Z”), is a native and citizen of Nigeria. Z, her husband and son entered the U.S. about a year ago with a B2 Visitor Visa and quickly filed for asylum. Z and her family are currently waiting for their asylum interview.

Form I-797C, I-765 Approval Notice

The second client, (hereinafter “W”), is also a native and citizen of Nigeria. W and her family also came to the U.S. in 2016 and filed for asylum within a year of their entry.. W and her family initially had their work permits approved back in February, but their EAD cards were stolen from their mailbox. As a result, W and her family were forced to file for a replacement EAD. W and her family are also waiting for their asylum interview.

Form I-797C, I-765 Approval Notice

The work permits allow W and Z (and their family members who applied) to work legally in the United States while they both await their Asylum interviews. Current wait times for Asylum interview if you live in the New York, NY area is about 2.5 – 3 years.

Our third client, (hereinafter, “V”), is a native and citizen of Ghana. V first came to the U.S. as a child in 1994 and continuously resided here until 2011 when V decided to return to Ghana to see his 95-year-old Grandmother before she passed away.

Back in Ghana, V became active in an opposition political party. It was not long before the government came after V and his friends who were attempting to bring to light government abuse and corruption. Fearing severe bodily harm and death, V fled Ghana and attempted to re-enter the U.S. with someone else’s passport. At the airport, V immediately admitted that he did not have permission to enter the U.S. and was detained by immigration and given a credible fear interview. Upon finding that V had a credible fear of returning to Ghana, V was released from detention. He subsequently filed for asylum and withholding of removal and placed into removal/ deportation proceedings.

Despite having a strong Withholding of Removal claim and an approved marriage petition filed by his U.S. Citizen wife, V faced many inadmissibility hurdles, including possible fraud and misrepresentation, so in November of 2015 V’s removal proceedings were administratively closed.

Although V does not have a future court date, he is still considered “in removal proceedings,” which means that his asylum application is still pending, allowing him to apply for EAD renewals.

Our last work permit approval for an asylum applicant is a client, (hereinafter, “T”), a native of Niger and citizen of Mali. T entered the U.S. without inspection in 1997. T, a victim of the horrific practice of Female Genital Mutilation (FGM), did not apply for Asylum until 2013, so she was referred to the Immigration Court after her Asylum interview earlier this year. Since T did not file within the 1-year filing deadline, she will not be eligible for asylum, but will be eligible for Withholding of Removal. T is also a mother of 5 U.S. Citizen children and is looking to file an application for Cancellation of Removal for non-Lawful Permanent Residents. While T waits for her first hearing before the immigration judge, she will be able to legally work.

Work Permit (EAD) Approval for Applicant for Cancellation of Removal for Non-Lawful Permanent Resident– Last week we also received a work permit approval for our client, (hereinafter “U”), who is a native and citizen of Trinidad & Tobago. U entered the U.S. in 2000 with a B2 Visitor Visa. U and her husband applied for asylum after the 1-year deadline passed and were thus placed into removal/ deportation proceedings. U then submitted an application for cancellation of removal for non-lawful permanent residents based on the extreme hardship to her U.S. Citizen children. Last year, the Immigration Judge administratively closed U and her husband’s case. As with asylum applications, U’s cancellation application remains pending, allowing her to renew her work permit as needed.

I-797C, I-765 Approval Notice

We wish all of our recently-approved clients the best of luck!

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Approvals: Work Permits, Travel Documents & Naturalization

Naturalization Application Approved – Two weeks ago attorney Shaffer attended a naturalization interview with a client, (hereinafter, client “X”), a native and citizen of Brazil. X aced his interview and will officially be a U.S. Citizen when he takes his oath of allegiance at his upcoming Naturalization Ceremony. X is married to a U.S. Citizen and has been a Green Card Holder now for over 10 years. X is excited to finally become a U.S. Citizen! Congratulations!

Naturalization (N-400) Interview Approval

Work Permit & Travel Document Approved for VAWA Recipient – Last week we received approval notices for an Employment Authorization Document (EAD) and Advance Parole Travel Document for a client, (hereinafter, Client “Y”), who is a native and citizen of Jamaica. Y’s work permit and travel document is based on her pending Violence Against Women’s Act (VAWA) and concurrent green card applications. Y came to the U.S. in 2002 with a B1/B2 Visitor Visa and in 2014 she married a U.S. Citizen. Y thought she had met the love of her life, but unfortunately, shortly after getting married, Y’s spouse started to abuse her.

The verbal abuse turned into physical abuse when he punched her in the face. Y was too afraid to go to the police at the time as she was not in the U.S. legally. Last year, Y was finally able to escape her abusive husband and came to us to help her file a VAWA application so that she can finally become a Permanent Resident and straighten her life out. Y explained to us that she in no way married her husband to obtain a Green Card, and in fact he never even filed for her. Fortunately, VAWA does not require the abusive U.S. Citizen or Lawful Permanent Resident spouse to have previously filed for the immigrant spouse to be eligible for VAWA.

Y is currently waiting for her Green Card interview and is extremely happy that she can work legally while she waits and can also go back to Jamaica to see her daughter who she has not seen in over 15 years.

Form I-797, I-765 & I-131 Approval Notice

Work Permit (EAD) Approvals for Asylum Applicants – We received work permit approval notices for three of our clients who are asylum applicants:

Our first client, (hereinafter “Z”), is a native and citizen of Indonesia. Z entered the U.S. in 2005 with a B2 Visitor Visa and has not left the U.S. since. Z is currently waiting for her asylum interview.

Form I-797C, I-765 Approval Notice

The second client, (hereinafter “W”), is a native and citizen of Cote d’ Ivoire (Ivory Coast). W came to the U.S. in 2013 and filed for asylum within a year of his entry. W is also waiting for his asylum interview.

Form I-797C, I-765 Approval Notice

The work permits allow W and Z to work legally in the United States while they both await their Asylum interviews. Current wait times for Asylum interview if you live in the New York, NY area is about 2.5 years.

Our third client, (hereinafter, “V”), is a native and citizen of Mali. V came to the U.S. in 2000 with a B2 Visitor Visa. V applied for asylum and was placed into removal/ deportation proceedings after the asylum officer did not grant his application. In November of 2016, V’s removal proceedings were administratively closed. Although V does not have a future court date, he is still considered “in removal proceedings,” which means that his asylum application is still pending, allowing him to apply for EAD renewals. If V becomes eligible for another form of relief from removal, he can file a motion to recalendar his case. For now, V is happy to be able to remain in the U.S. and legally work.

Work Permit (EAD) Approval for Applicant for Cancellation of Removal for Non-Lawful Permanent Resident– Last week we also received a work permit approval for our client, (hereinafter “U”), who is a native and citizen of Senegal. U entered the U.S. in 2005 and was paroled into the country. U and her husband applied for asylum after the 1-year deadline passed and were thus placed into removal/ deportation proceedings. U then submitted an application for cancellation of removal for non-lawful permanent residents based on the extreme hardship to her U.S. Citizen children. Last year, the Immigration Judge administratively closed U and her husband’s case. As with asylum applications, U’s cancellation application remains pending, allowing her to renew her work permit as needed.

I-797C, I-765 Approval Notice

Work Permit (EAD) Approval for Adjustment Applicant (Parent of U.S. Citizen) – We also received an approval notice for both a work permit for our client, (hereinafter “T”), a native and citizen of Jamaica. T had been a Green Card Holder for over 20 years when he received a notice from the Department of Homeland Security (DHS) informing him that his previous attorney was now in jail and that he is no in deportation/ removal proceedings because his Green Card was obtained through fraud of his previous attorney and was thus invalid. T was shell-shocked by the allegations as he had no idea that rather than file an labor visa petition for T over 20 years ago, his attorney just paid of someone who worked form INS. T was not involved at all in the fraud and DHS has not implicated in the crime at all.

Unfortunately, T’s lack of knowledge or involvement does not eliminate the fact that his Green Card is invalid and that he has actually been here illegally all of this time. Fortunately, however, T has several U.S. Citizen children who were more than happy to file for their father. T can now work legally while he waits for his individual (merits) hearing before the Immigration Judge to adjudicate his Green Card application in 2019.

Form I-797C, I-765 Approval Notice

Work Permit (EAD) Approval for Withholding of Removal Beneficiary – Finally, we received a work permit approval for our client, (hereinafter, Client “S”), who is a native and citizen of Mali. S entered the U.S. in 2000 with a B2 Visitor Visa. After over a decade in Immigration Court, she was granted Withholding of Removal by the Immigration Judge. Withholding of Removal is very similar to Asylum, in fact the same form is used to apply for both, but those granted withholding can never obtain a Green Card. Rather, withholding allows an individual to remain in the U.S. indefinitely and legally work, provided he or she timely renews it every year. Withholding of removal applicants do not have to apply within a year of entering the country.

Form I-797C, I-765 Approval Notice

We wish all of our recently-approved clients the best of luck!

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: DACA Approval, EAD Renewal Approval, Expungement Granted

Initial application for Deferred Action for Childhood Arrivals (DACA) Approved – This week we received an approval notice for an initial Deferred Action for Childhood Arrivals (DACA) application. Our client, (hereinafter. Client “X”), is a native and citizen of China. X submitted the DACA application with out a lawyer in July of 2015. After waiting for almost 2 years for a decision from USCIS, X received a Request For Evidence (RFE) last month. Upon receiving the RFE, X contacted us to represent her in responding to the RFE. We quickly prepared a package of the requested evidence with a cover letter explaining that X was in fact eligible for DACA, and has now submitted all of the required documents evidencing her eligibility. About a month after receiving our evidence package, X’s DACA application was approved! She also now has an Employment Authorization Document (EAD) aka work permit based on her DACA status so she can legally work in the United States. X is currently in Graduate School and is relieved that she can finally work part-time while she finishes up school.

Form I-797C, I-485 Approval Notice

Form I-797, I-765 Approval Notice

Work Permit (EAD) renewal approved for Cancellation of Removal applicant – We also received an approval notice for our client, (hereinafter, Client “Y”), who is a native and citizen of Senegal. Y entered the country with parole in 2002 and he and his wife have twin U.S. Citizen sons. Y and his wife both applied for Asylum and Withholding of Removal and were placed into Removal/ Deportation Proceedings. Y subsequently applied for Cancellation of Removal based on the extreme hardship to his U.S. Citizen sons. Y and his wife were finally scheduled for an merits hearing in immigration court after being in proceedings for many years, but after Y was diagnosed with prostate cancer, a joint request to administratively close the case was granted by the immigration judge. Y’s cancer is now in remission and he its doing better everyday.

I-797, I-765 Approval Notice

NJ Expungement Granted – Finally, this week we received an order granting an expungement of a criminal record for our client, (hereinafter, “Z”). Z is a native and citizen of Indonesia who entered the U.S. with a B2 Visitor Visa when she was 10-years-old. Like many Chinese Christians, Z’s family fled Indonesia in 2006 due to the continued persecution suffered on account of their ethnicity and religion. Unfortunately, Z’s family did not know to apply for asylum. Fortunately, however, they learned about DACA before Z turned age 18 and we helped Z successfully obtain DACA status before she began accruing unlawful presence. Z has maintained her DACA status ever since.

A few years ago, Z plead guilty to a petty theft offense, a violation. This was her only criminal history and she did not want the conviction on her record so she asked us to file an expungement request. Z knew that the expungement would not effect her DACA status as the offense was not a disqualifying offense and the conviction was disclosed to USCIS when she successfully filed to renew her DACA status over 2 years ago. Z simply wanted to wipe her record clean, especially since she will be applying for jobs when she graduates from college in a couple of years.

*An important note on the immigration consequences of criminal convictions *

Even if the Z’s conviction was expunged before she had to notify USCIS for her DACA renewal, she still would have been required to disclose the conviction to immigration on a subsequent renewal. In fact, ANY arrest, even if no charges are filed, must be disclosed to USCIS when you are applying for any immigration benefit, if requested. The immigration law still views most expunged convictions as convictions for immigration purposes.

So, if you are looking to expunge a conviction solely for immigration purposes in order to erase a potentially disqualifying conviction from you record, make sure you contact an experienced immigration attorney before you waste your time and money! The intersection of criminal and immigration law is extremely complicated and only an attorney experienced in both practice areas will be able to properly advise you as to whether an expungement in your particular circumstances makes sense.

The experienced criminal and immigration attorneys at The Shapiro Law Firm, LLC are well versed in the intersection of the two and will be happy to help you determine if an expungement is best for you so contact us today!*

We wish all of our recently-approved clients the best of luck!

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Approvals: 10-Year Green Card, Conditions on Permanent Residency Removed, EAD, Travel Documents

Conditions Removed, 10-Year Green Card (I-751) Approved – We pleased to announce that we received an approval notice to remove the conditions on a Green Card based on marriage to a U.S. Citizen for our client, (hereinafter “Y”), who is also a native and citizen of Mali . Y and his U.S. Citizen wife got married in 2007 and she subsequently filed a marriage petition on his behalf. Because the couple was married for less than 2 years at the time of their interview, Y received a 2-Year Green Card .

In the fall of 2009, Y’s wife decided to move to Texas. The couple planned for Y to follow her there once he was able to secure a job with health insurance to support them both. However, Y’s wife began to act differently after she moved. She even changed her phone #, which forced Y to call his wife’s mother in order to get in touch with her. Despite the growing concerns he had with his marriage, Y still planned to move to TX to be with his wife and timely filed to remove the conditions on his residence in January of 2010. Y subsequently learned that a few months later his wife gave birth to another man’s baby. As a result Y filed for divorce in August of 2012.

Meanwhile, Y had still not heard back from USCIS regarding his I-751 petition and the online case status still listed his case as under “initial review.” After we sent multiple letters and emails to USCIS and not receive a response, we helped Y obtain an USCIS InfoPass appointment in September of 2013. At the InfoPass appointment, Y for the first time learned that his I-751 petition was denied. At this point, Y was now divorced and out-of-status.

So, we re-filed his I-751 as a self-petition and requested a waiver to the joint filing requirement based on a marriage that was entered into in good faith, and, during the marriage, he was the subject of extreme cruelty by his U.S. Citizen wife in February of 2014.

Finally, after waiting over 3 and a half years, we received Y’s Green Card in the mail and we are waiting for him to stop by to pick it up and Congratulate him!

10-Year Green Card FINALLY Approved for Spouse of U.S. Citizen – We are very happy that after may years and a lot of headaches, we received an approval notice for a 10-Year Green Card for our client, (hereinafter “X”), who is a native and citizen of Mali.

X’s Green Card is based on his marriage to a U.S. Citizen. X entered the U.S. in 2000 with a B1 Visitor Visa. X and his wife wed in 2006. X was placed into Removal/ Deportation Proceedings based on his visa overstay in 2009. X’s wife filed a marriage petition for X in 2009, but it was denied in 2010.

In 2011, X was detained by ICE for 9 months in a Texas ICE detention center. X’s wife re-filed for him after he was released at the end of 2011 and X went back to New York where he lived with his wife. X was still in Removal Proceedings, but the TX Immigration Judge (IJ) refused to change venue to NY despite 4 motions requesting such.

In 2013, after 2 years went by and the marriage petition remained pending, the IJ Administratively Closed X’s case so that he did not have to keep on returning to court while the marriage petition was adjudicated. X and his wife continued to wait for the decision on the marriage petition and despite sending countless letters to USCIS for updates on the case, no progress was being made.

Finally, in July of 2015, we received a letter from USCIS stating that X’s marriage petition was approved a year earlier and that USCIS lost X’s file for over 3 years! With the marriage petition approval, we were able to file a motion to terminate X’s Removal Proceedings. The Motion to terminate was granted last year and X was then able to file for his Green Card last June.

Then, almost a year later in this past May, X FINALLY received his approval notice for his Green Card! We are so happy for X and his wife and the fact that they can finally live their lives without a dark cloud hanging over them.

Form I-797C, I-485 Approval Notice

Moral of the story? The immigration process is never fun, but sometimes it is a nightmare. But there is hope! With proper legal representation and a ton of patience, you can eventually obtain the immigration benefit that you are entitled to. We never gave up on X or Y’s cases, nor did X or Y, even when the delays seemed like they would never end

Work Permit (EAD) Approvals for Asylum Applicants – We received work permit approval notices for two of our clients who are asylum applicants. Our first client, (hereinafter “Z”), is a native and citizen of Indonesia. The other client, hereinafter “W”) is a native and citizen of Nigeria. The work permits allow W and Z to work legally in the United States while they both await their Asylum interviews. Current wait times for Asylum interview if you live in the New York, NY area is about 2.5 years.

Form I-797, I-765 Approval Notice

Form I-797C, I-765 Approval Notice

Work Permit (EAD) Approval for VAWA Beneficiary awaiting Green Card – Last week we also received a work permit approval for our client, (hereinafter “V”), who is a native and citizen of Senegal. Shortly after entering the U.S. in 2005 with a B2 Visitor Visa, V gave birth to her first child. A few years later, V married her child’s father, a Lawful Permanent Resident. After 10 years of being together, 5 of which were spent in marital bliss, V’s husband already suspect behavior became unbearable when he began physically abusing V. The abuse got so bad that V sought an order of protection in the family court and had to hire a security company to change the locks in her apartment.

V’s husband never petitioned for her Green Card, as keeping V without legal status was one of the ways that he controlled her. Fortunately, V sought help on her own and we helped her file a VAWA (Violence Against Women’s Act) Petition. After the VAWA petition was approved, V was able to file for her Green Card. The EAD approval allows V to work legally in the U.S. while she waits for her Green Card application to be approved. We expect to receive the approval notice in the next few months.

I-797, I-765 Approval Notice

Work Permit (EAD) and Travel Document Approvals for Adjustment Applicant (Spouse of U.S. Citizen) – We also received an approval notice for both a work permit and travel document for our client, (hereinafter “U”), a native of Nigeria and citizen of St. Lucia. U is married to a U.S. Citizen and is waiting for his marriage interview. U and his wife have been married since May of 2015, so U will be eligible for a 10-Year Green Card once his marriage petition and Green Card applications are approved. In the meantime, U can now legally work in the U.S. and travel outside the country while he waits.

We wish all of our recently-approved clients the best of luck!

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Approvals: I-130s, Green Card, EAD, Travel Documents

I-130 Petition Approved for unmarried child of U.S. Citizen: Last week, we received an approval notice for a client, (hereinafter, Client “X”), who is a native and citizen of Trinidad and Tobago. X is 14-years-old and entered the U.S. in 2007, when he was just 4-years-old with his mother, as a derivative of her mother’s K-1 Fiancee Visa. X became a Conditional Permanent Resident after his mother wed and adjusted her status. X’s mother then applied to remove conditions on her residency, and on the residency of her 2 sons. Before the I-751 petition was approved, X’s mother passed away.

X and his older brother where then thrust into Removal Proceedings as they never had the conditions on their residency successfully removed to become a full Permanent Residents. Fortunately for X, his father, a Permanent Resident, also lived in New York City. X went to live with his father and stepmom, but he still was without legal status.

X faced another hurdle due to the fact that he was born out-of-wedlock and his father was not listed on his birth certificate. So, Attorney Shaffer assisted X’s father in filing a Paternity Petition in Kings County Family Court. In order to have a Paternity Petition heard in Court, you have to prove that you served process on any party that has a right to be notified of the proceeding. In this case, X was required to serve his dead mother, despite the fact that we presented the court with her death certificate. So, X was required to serve his mother’s next-of-kin, who was his mother’s abusive spouse since she was still married to him at the time of her death. The next, next-of-kin was X, but the court would not accept service on him, so we had to serve X’s mother’s mother (or X’s grandmother), which was still an issue since we could not obtain X’s mother’s birth certificate to prove that the person we served was in fact her mother. Eventually we were able to provide acceptable proof of service for the court and the Order of Filiation was entered.

Once we had that taken care of, X’s stepmom, a US Citizen, was able to file an I-130 petition for him because she married X’s father before X turned 18-years-old.

Now that X has an approved I-130, we will be filing a motion to terminate his Removal Proceedings. X will then be able to file an immigrant visa petition and then leave the country for his scheduled interview. X cannot get a Green Card in the U.S., even though he is under 18, because he initially entered the country with a K visa and there are no exceptions. X has not accrued any unlawful presence because he is under 18, so he will be able to return to the U.S. right away as a Permanent Resident!

Form I-797C, I-130 Approval Notice

Work Permit & Travel Document Approved for Adjustment Applicant (Parent of U.S. Citizen age 21 or older: Last week we also received approvals for a work permit and travel document for our client, (hereinafter, Client “Y”), who is a native and citizen of Mali. Y was in Removal Proceedings and was ordered removed in absentia after her attorney mistakenly wrote the wrong date down in his calendar so Y failed to appear in court on the correct date.

Thereafter, Y filed a Motion to Reopen based on ineffective assistance of counsel. The motion was denied and the denial was timely appealed to the Board of Immigration Appeals (BIA). The BIA granted Respondent’s motion due to the fact that her former attorney admitted his error with regards to the hearing date in his response to her disciplinary complaint.

After the BIA remanded the case back to the Immigration Judge (IJ), the IJ agreed to terminate the Y’s case based on her approved I-130 filed by her U.S. Citizen Son. By terminating her removal proceedings, Y was then able to file for adjustment of status. With the approval of the work permit and travel document, Y can legally work and travel outside the country while she waits for her Green Card to be approved.

Form I-797C, I-765 Approval Notice

Form I-797C, I-131 Approval Notice

Work Permit & Travel Document Approved for Adjustment Applicant (VAWA Self-Petitioner): This week we received approval notices for a work permit and travel document for our client who is also a native and citizen of Mali, (hereinafter, Client “Z”). Z entered the U.S. back in 1998 with a B-2 Visitor Visa. Years later, Z submitted an application for Asylum and Withholding of Removal. Because Z did not file within the 1-Year Filing Deadline, she was placed into Removal Proceedings where she was eventually granted Withholding of Removal, which allowed Z to permanently live and work in the U.S., but does not provide a path to a Green Card.

Z eventually got married to a Lawful Permanent Resident (LPR) who began to abuse her. After escaping the relationship, Z submitted a VAWA Self-Petition based on her relationship to a LPR abusive spouse. Once the VAWA petition was approved, we filed a joint motion with DHS to terminate Z’s Removal Proceedings to allow her to adjust status to that of a LPR. Z applied for her Green Card once the joint motion was granted and is now waiting for her Green Card application to be approved. In the meantime, Z can now continue to work legally (Z effectively lost her withholding of removal status when her removal proceedings were terminated, along with her work permit based on that status), and now for the first time since she came to the U.S. almost 20 Years ago, Z can travel outside the country.

Form I-797, I-765 & I-131 Approval Notice, Page 1

Form I-797, I-765 & I-131 Approval Notice, Page 2

Marriage Petition & Green Card Approved for Spouse of U.S. Citizen: Finally, this week we received approval notices for a marriage petition and green card for a client who is a native and citizen of Germany, (hereinafter, Client “W”). W came to the U.S. in January of 2012 on a F-1 student visa and met his future wife at school. W and his wife got married in June 2016 and are now expecting their first child!

Form I-797C, I-485 Approval Notice

Form I-797C, I-130 Approval Notice

We wish all of our recently-approved clients the best of luck!

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Approvals- I-601a Waiver, E-2 Renewal, 10-Year Green Card

I-601A, Unlawful Presence Waiver Approved: Last week, we received an approval notice for an I-601A Unlawful Presence Waiver for our client, (hereinafter, Client “X”), who is a native and citizen of Ecuador. X illegally entered the country in 2001 and has not left since. X has been married to a U.S. Citizen since 2004 and the couple have 4 U.S. Citizen children together. Because X did not lawfully enter the U.S., despite the fact that she has an approved marriage petition, X cannot get her Green Card without first leaving the country.

What are the benefits of a I-601A Waiver?

Prior to the creation of the I-601A Waiver, the only option was to file a I-601 Waiver of grounds of inadmissibility. In order to file a I-601 Waiver, the applicant must 1st leave the U.S., then apply for the waiver and wait outside of the country for it to be adjudicated. This can take 6 months to a year or longer. Then, if the I-601 Waiver is approved, the applicant can finish the immigrant visa processing with NVC and hopefully be able to re-enter the U.S. as a Lawful Permanent Resident. If your I-601 Waiver is not approved, then you will be stuck outside of the country facing a bar of up to 10 years depending on the type of immigration violation.

Who is eligible for a I-601A Waiver?

Obtaining approvals for I-601A and I-601 Waivers are no easy task. There are a number of eligibility requirements that must be met, including good moral character and at least 1 qualifying relative (who must be a U.S. Citizen or LPR). The hardest eligibility requirement to prove is the showing of “extreme hardship” to a qualifying relative. Factors considered by USCIS in determining if an Extreme Hardship exists, include:

Health
Financial considerations
Education
Personal considerations, and;
Special Factors.

A totality of the circumstances is used, meaning you not one factor is required to prove extreme hardship, you can present evidence on as much as the above 5 factors that you have. For further explanation of these factors, click here.

Back to X…

In X’s case, we were able to prove that her U.S. Citizen husband would suffer an extreme hardship if she were to be removed from the country based on a combination of the 5 above factors. Out of these factors, health was the primary concern. This case at first appeared to be relatively straight-forward and simple: X was diagnosed with a brain aneurism and relies on her husband and approximately 20 other U.S. Citizen and LPR family members who live near-by to assist in taking care of the kids when she is unable to do so herself and to help with her husband who suffers from diabetes and related illnesses.

The problem was, the extreme hardship cannot be to the applicant, it must be borne by the qualifying relative. We thus had the much more difficult task of proving that X’s husband and children will suffer immensely psychological harm due to the fact that X will not have the medical care and family support and help if she were to return to Ecuador without her family (we also had to prove that her family would suffer an extreme hardship if they left the country with X, and thus leaving the U.S. permanently with her was not a realistic option). The seriousness of X’s illness meant that she needed others to help take care of herself and without their assistance, her fate alone in Ecuador was grim. It took many months to prepare the evidence, which required us to provide documentary evidence relating to all facets of X and her family’s life.

What is next for X?

X will finish submitting her immigrant visa application and affidavit of support and wait for the NVC to schedule her interview in Ecuador. At that point, X will depart the country and go back to Ecuador where she will attend her immigrant visa interview. Absent any surprises, X will be able to re-enter the U.S. as a Lawful Permanent Resident.

Form I-797C, I-601A Approval Notice, Page 1

Form I-797C, I-601A Approval Notice, Page 2

E-2 Treaty Visa Extension Approved: Last week we also received an approval notice for an E-2 Visa extension for our Client, (hereinafter “Y”), who is a native and citizen of Georgia. Y and his family came to the U.S. on B-2 Visitor Visas and then changed their status to E-2 (and E-2 dependents) in 2015.

Y was able to secure his E-2 Visa after he committed a substantial and irrevocable investment in a new trucking company in the United States. Y also had to prove, among other factors, that he would be creating jobs for U.S. Citizens and Lawful Permanent Residents, and most importantly that the money he used to invested in his U.S.-based business came from clean sources, i.e., income earned, gift or loan. 2 years later, despite facing a major loss when one of his truck drivers got into an accident, totaling Y’s truck, Y was able to extend his authorized stay by another 2 years by showing that his business was active and continuing to grow. E-2 Visa holders are not eligible to obtain Green Cards based on their E-2 status, but there is no limit on the number of renewals that an applicant may request.

Form I-797C, Notice of Action - I-129, E-2 Approval Notice

Conditions Removed, 10-Year Green Card Approved: Finally, last week we received another approval notice for an I-751 Petition to Remove Conditions or Permanent Residence. This approval came for our client, (hereinafter Client “Z”), who is a native and citizen of Japan. And the approval came without Z and her husband being called in for an interview! Z and her husband met in 2012 and began dating. The couple wed in June of 2013 and Z’s U.S. Citizen husband filed for her Green Card shortly thereafter. Z and her husband are avid surfers and live together in Long Beach, NY.

What is next for Z?

Z can now apply for naturalization because on July 14 she will have been a LPR for 3 years and she is still married and living with her U.S. Citizen Spouse!

Form I-797, Notice of Action - I-751, Approval Notice

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Work Permit & Travel Document Approved for Adjustment Applicant; Work Permit Renewal Approved for Withholding of Removal

Work Permit, Travel Document Approved: Last week, we received approval notices for a work permit and travel document for an adjustment of status applicant. Our client, (hereinafter, Client “X”), is a native of Hong Kong and a citizen of Australia . X last entered the U.S. on November 14, 2016, with an E-3 Visa. E-3 Visas are similar to H-1B visas in that they are reserved for high-skilled workers in “speciality occupations,” but E-3 visas are reserved only for Australian Citizens thanks to a treaty between the U.S. and Australia. Last December, X married a U.S. Citizen who filed an I-130 Marriage Petition on her behalf. X concurrently filed for her Green Card along with the work permit and travel document. X and her husband are patiently awaiting their marriage and Green Card interview.

Form I-797C, I-765 Approval Notice

Form I-797C, I-131 Approval Notice

Work Permit Renewal for Client with Withholding of Removal Approved: Last week we also received an approval notice for a work permit renewal for our Client, (hereinafter “Y”), who is a native and citizen of Mali. Y was granted Withholding of Removal in 2015 by the Immigration Judge after her Asylum application was denied because she failed to file within 1 year of entering the United States. Withholding of Removal allows Y to remain the United States indefinitely and legally work (provided she timely renews her EAD every year), but Y will never be able to obtain a Green Card through her status of withholding of removal. Had Y been granted asylum, she would have been able to apply for a Green Card a year after her asylum grant. If Y becomes eligible for a Green Card through another means (for example, through marriage to a U.S. Citizen), then she may be able to file a motion to reopen with the Immigration Court to pursue a Green Card and vacate the order of removal. Whether or not Y is every eligible for a Green Card, the good news is that she does not have to worry about being removed/deported form the country.

Form I-797C, Notice of Action - I-765 Approval Notice

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Work Permit, Travel Document & I-94 Replacement Approved for Adjustment Applicant; DACA Renewal Approved

Work Permit, Travel Document & Replacement I-94 Approved: We approval notices for a work permit, travel document & I-94 Arrival/Departure Record replacement for an adjustment of status applicant. Our client, (hereinafter, Client “X”), is a native and citizen of Cote d’Ivoire. X initially entered the U.S. on May 20, 1995, as a B1 Visitor and has not left the country since. Last August, X married a naturalized U.S. Citizen who was born in France. X’s wife filed an I-130 Marriage Petition on his behalf. X concurrently filed for his Green Card along with the work permit and travel document. Now that X’s work permit and travel document are approved, he can lawfully work in the Untied States and travel in and out of the country at will while he waits for his marriage petition and Green Card application to be adjudicated. X is now patiently awaiting his Green Card interview.

Form I-797, I-765 Approval Notice

Form I-797, I-131 Approval Notice

Why does a person need to file to replace the I-94 Arrival/ Departure Record?

We also had to file for a replacement I-94 for X. Replacement I-94s are necessary if you entered the U.S. prior to 2013 with a nonimmigrant visa and you lost your paper I-94, or if you entered the U.S. since the electronic I-94 system took effect in 2013, but the system cannot locate you.

Pre-2013, the I-94 Arrival/Departure Record was given to you on a small piece of white paper to fill out and show U.S. Customs & Border Patrol (CBP) right before you entered the United States. You are supposed to give back the I-94 to CBP when you depart the country. If you have never departed, then you should have retained your I-94. Your I-94 Record is your proof that you were inspected and admitted to the United States, as opposed to entering the country illegally. So, if you no longer are in possession of the document and it is not in the CBP Electronic I-94 system, you will have to file for a replacement with USCIS and pay the filing fee. Without this document, you will most likely have to file an unlawful presence waiver if you cannot prove to USCIS that you entered the U.S. lawfully and with inspection.

Form I-797A, Notice of Action - I-102 Approval Notice

DACA Renewal Approved: Last week we also received an approval for a Deferred Action for Childhood Arrivals (DACA) Renewal for our Client, (hereinafter “Y”), who is a native and citizen of Mali. Y entered the United States in 2003 with a B2 visitor visa when she was just 15-years-old. This is Y’s second successful DACA renewal. Y lives in the Bronx with her boyfriend and 2 young children. After receiving her GED in 2011, Y has been attending school part-time to receive her Bachelor’s degree.

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

Case Status Update: Child Custody & Visitation Settlement Reached, Child Neglect Case Disposed.

Child Custody/ Visitation Settlement, Child Neglect portion disposed: Last week, Attorney Shaffer reached a settlement agreement in a case that began when our client, a native and citizen of Algeria, (hereinafter, Client “X”), was arrested for alleged domestic violence while he was waiting for his Naturalization Application to be adjudicated.

X entered the U.S. in October of 2010 as a Permanent Resident after winning the Diversity Lottery. A few years later, he married his wife, (hereinafter, “Y”), a native and citizen of Colombia. Then, in July 2015, X & Y welcomed their daughter into the world.

Unfortunately, even prior to the baby’s birth, X and Y were having marital problems. Then, in April 2016, X and Y got into an argument and Y called the cops on X, alleging that he hit her in front of the couple’s daughter, who was still less than 1 year old. X was arrested and charged with 2nd Degree Assault, Endangering the Welfare of a Child, Harassment and Forcible Touching. There were no witnesses or evidence, other than Y’s statement. Attorney Shapiro was thus able to reach a favorable plea agreement with the District Attorney’s office. X pled guilty to disorderly conduct, a violation, and a 2-Year Order of Protection was issued in Y’s favor.

Despite the positive outcome in the criminal case, Y was subsequently notified that he was being charged with neglect of the couple’s daughter in Family Court. In New York, “child neglect” includes an act of domestic violence committed in the presence of a child under the age of 18. Since Y alleged that X struck her in front of their daughter, the Administration of Child Services (ACS) filed the case against X in Family Court. Y concurrently filed a petition for custody of their daughter.

Cases without physical evidence or witnesses are always tough as the judge has to make a decision based strictly on the testimony of the parties involved. The decision on whether to proceed to trial or to accept a finding of neglect against you without any admission of guilt is not an easy decision. Essentially, you can never guarantee that your client will win in a “he said, she said” battle, and the consequences of losing after a hearing on the merits are far more severe than allowing the court to enter a finding of neglect against you without admitting wrongdoing and without any of the facts or testimony being entered on the record.

So, counsel advised X that based on the totality of the circumstances, noting that this was X’s second arrest for alleged domestic violence (although the first charges were dismissed in X’s favor) and Y kept her story fairly consistent in all written accounts, it was not in X’s best interest to proceed to trial. X agreed and accepted the court’s finding against him.

While this was all taking place, X successfully completed hi court-ordered anger-management counseling and parenting classes and participated in supervised visitation at ACS with his daughter twice a week. So, when we returned to court to reach a conclusion on the custody and visitation matters, the judge agreed to allow for unsupervised visitation and shared legal custody (which allows X to be notified about important things going on in his daughter’s life and give input on things like education and medical decisions). ACS was dismissed from the case and the Neglect portion of the case was closed.

X was thrilled to be able to continue his relationship with his daughter and start moving on with his life to a better future. X is now waiting to reapply for his Naturalization, which was denied due to the arrest last year. Any arrest, regardless of the reason, can derail a meritorious Naturalization Applicant, as it can cut off your 5 years of good moral character, even if the charges against you are eventually dropped or the case is decided in your favor, and even if the offense that you are arrested for does not in itself disqualify you from obtaining your citizenship. X is confident that with this incident behind him, he is back on track to obtaining his 5 years good moral character and is looking forward to reapplying to become a United States Citizen.

**If you need a lawyer to represent you in Family Court, contact an experienced family attorney at The Shapiro Law Firm today to get started!**

(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)