Case Status Updates: Attorney Shaffer goes 2 for 2: Helps 2 Clients Win Their Asylum Cases in Immigration Court on the Same Day.

Yesterday, Attorney Shaffer helped 2 more clients win their Asylum cases in Immigration Court.

Morning Case: In the first case of the day, Attorney Shaffer represented a client who is a citizen and national of Sierra Leone, (hereinafter, Client “X”). X entered the United States in January of 2013 with a B-2 Visitor Visa and applied for Asylum within 1 year of her entry. X filed for Asylum because she was subject to Female Genital Mutilation (FGM) when she was a young girl. FGM is a recognized form of persecution by the United Nations and the United States, including the Board of Immigration Appeals (BIA).

In the precedential case, Matter of A-T-, the BIA determined that FGM was so atrocious and harmful to victims, that a finding of past persecution gives rise to a reasonable fear of future persecution. In other words, generally for one to be eligible for asylum, she must show that she was subject to past persecution AND that she has a reasonable fear of future persecution. However, for claims involving FGM, the applicant does not have to prove that she will be subject to FGM in the future.

Despite the fact that X had a strong Asylum claim, her case was not granted at her initial interview at the Asylum Office so her case was referred to Immigration Court. According to the interviewing Asylum Officer, although X credibly testified that she was a victim of past persecution and thus fit the definition of a Refugee, her Asylum application could not be granted because there was a fundamental change in circumstances in that X would not be harmed if she returned to Sierra Leone. This is an incorrect application of the law, but you cannot appeal the decision of the Asylum Office, instead you are given a second chance to prove your case in Immigration Court.

At the hearing, X once again credibly testified to the horrific procedure that was performed on her as a young girl. After a short hearing, the Immigration Judge granted her Asylum!

Afternoon Case: In the afternoon, Attorney Shaffer represented a client who is a citizen and national of The Gambia, (hereinafter, Client “Y”). Y entered the United States in January of 2011 with a B-2 Visitor Visa but missed the 1 -Year filing deadline for asylum, filing approximately 10 months late. Y’s Asylum claim was also based on the fact that she was subject to FGM back home, but Y’s case was not initially approved due to her untimely filing. As such, the main issue litigated in Y’s case was whether or not she was eligible for an exception to the 1-Year filing deadline.

In order to be eligible for an exception to the 1-Year filing deadline, the applicant must prove that there was either a fundamental change in circumstance or that the late filing was a result of extraordinary circumstances. The applicant must also prove that she filed within a reasonable period of time.

Y qualified for the exceptional circumstance filing exception. The two FGM procedures performed on Y as a baby caused her to suffer numerous complications, including severe stomach pains and infertility. About 8 months after entering the United States, Y underwent surgery to remove uterine fibroids. Unfortunately, although the fibroids were removed, Y’s pain did not subsist and she continued to suffer everyday, preventing her from engaging in daily routine activities. Y returned to the emergency room several times in the year following her surgery. Y finally applied for Asylum in October 2012, about 1 year and 10 months after first entered the United States, when she finally felt well enough to go out and find a lawyer. Unfortunately, even after she filed for Asylum, she continued to suffer the same pain and discomfort, forcing her to return to the emergency room several more times over the next few years. Y ended up needing a second surgery to remove more fibroids. The first surgery was so traumatic, Y spent almost 3 years in severe pain before she had the courage to go through with the second surgery.

At the hearing, the Immigration Judge had no doubt that Y’s illness qualified as an exceptional circumstance. The issue was whether a reasonable person who was similarly situated would have filed the application earlier. After explaining to the court that she could not even work for almost 10 months after her first surgery, the court found that Y’s delay in filing was reasonable and granted her Asylum!

Now that X and Y have been granted Asylum, they both will be able to file for Green Cards in 1-Year from today. Congratulations!

If you are thinking about filing for Asylum or if you in Removal/ Deportation Proceedings , contact an experienced immigration attorney at The Shapiro Law Firm today to find out if you are eligible and what your options are.

(*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 Updates: DACA Renewal Approval, Work Permit & Travel Document Approval

DACA Renewal Approval: Another DACA renewal granted to a client who is a native and citizen of Chile, (hereinafter, client “X”). X entered the United States with a B-2 Visitor Visa when she was only 6-years-old in May of 2000.

We received X’s DACA renewal approval on Friday, shortly after President Trump was inaugurated. President Trump has vowed to repeal DACA immediately upon taking office. Since he won the election, Trump has softened his stance on DACA, with his staff recently hinting that Trump now has no immediate plans to repeal the executive order. For now, it seems that X and the approximately 700,000 other DACA beneficiaries will be able to keep their status and continue to use their work permits to work in the country legally.

We will continue to monitor President Trump and his administration on this issue,

Work Permit & Travel Document Approval: Another Work Permit & Advance Parole Travel Document approved for a client who is a native and citizen of Spain (hereinafter, “Y”). Y’s EAD and Travel Document is based on her pending marriage petition and Green Card application. Y is married to a U.S. Citizen.

Y and her husband came to us after hiring a lawyer who does not practice immigration law to assist them in their filings. When nothing was happening and their lawyer had no answers for them, they became concerned and began searching for a new lawyer who was more familiar with this area of law. Fortunately, they found The Shapiro Law Firm, hired us, and we immediately determined that their previous attorney failed to file 3 of the required applications for a Green Card! We immediately assisted them in their filings and got their process back on track.

While they wait for the Green Card approval, Y and her husband look forward to being able to visit Y’s family in Spain now that she has a valid travel document.

(*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 Updates: Final Order of Support Entered in Queens County Family Court

Final Order of Child Support: Earlier this week, Attorney Shaffer successfully obtained a Final Order of Support from the Support Magistrate at the Queens County Family Court. Our client, (hereinafter, “X”), and his ex-wife, (hereinafter, “Y”), were initially divorced in 2008.

The divorce decree awarded primary physical custody of the couple’s 2 daughters to Y with liberal visitation rights to X and ordered X to pay monthly child support. After falling on hard times, Y asked X to takeover as the primary custodial parent of the 2 girls. X was happy to oblige but informed Y that they needed to go back to court to modify the existing orders.

At the first Court hearing, Y changed her mind and told the Judge that she was not willing to give up physical custody of her daughters, as often happens when a mother faces the reality of losing unfettered access to her children. The main problem was, Y did not have a place for the 2 girls to sleep, as she shared a one-bedroom apartment with another female and was told by the landlord that the girls had to go. In addition, Y’s life was in shambles and she needed to get her act together and find a job. Y was appointed an attorney and the case was adjourned to another date.

Attorney Shaffer explained the reality of the situation to Y’s attorney, who was able to convince his client to agree to the change in child custody as it was in the best interests of her daughters (who at this point were happily living with Dad for almost a year). Accordingly, the Judge incorporated the settlement agreement into the Final Order, Modifying the original child custody/ visitation agreement. The new order stated that Dad was the Primary Custodial Parent and Mom had liberal visitation rights.

We still had a problem, however, because a Court Order still existed that required Dad (as the non-custodial parent) to continue to pay over $1,000/mo. to Mom in Child Support. Even though there was a new custody order, a separate petition had to be filed to terminate the existing child support order and then another petition had to be filed to ask the court to enter a new child support order! Court Procedural rules are strict and numerous!

We successfully petitioned to the court to terminate the old child support order based on the fact that Dad was now the custodial parent, and thus by law he should not be paying any money to the non-custodial parent.

In light of the fact that Y would not be required to pay more than the statutory minimum of $25/mo. per child, and to avoid the time and expense of a formal court proceeding, X thought it would be based to enter into a formal written agreement with Y stating that she owed him the minimum to allow her the chance to pay him indirectly, without an income withholding order, and if X needed to go back to court to have the agreement entered on the record, it gave him an easier path by filing a Petition for an Order on Consent, as opposed to a general Petition for Child Support.

The path did prove easier, but both X and Y were still required to provide financial disclosure affidavits and documents to the Support Magistrate before she would enter the final order. Ultimately, it all worked out for the best and there is non a Court Order directing Y to pay X child support in support of their 2 daughters.

An important lesson to be learned here: X’s income was significantly higher than Y’s so X was never too concerned about collecting money from Y. He only filed in Court for a Child Support Order after Y repeatedly failed to pay him any child support. Both parties to a Child Support Proceeding should always bear in mind that the reason the non-custodial parent should pay his or her fair share of support has nothing to do with the parents, it has to with the children involved. Even if you are a billionaire and do not need the support money, you should still collect and put it to use for your children by starting a savings or a college fund for him or her. Even if the child support is the minimum amount, after 18 years, your child will have a nice college fund waiting for him or her!

**If you have need help with child support/custody/visitation/divorce, contact an experienced family attorney at The Shapiro Law Firm, LLC, for help!**

(*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 Updates: Client scheduled for Individual (Merits) Asylum Hearing

Asylum Hearing Scheduled: Last week, Attorney Shaffer attended a Master Calendar Hearing with a client who is a native and citizen of Sri Lanka, (hereinafter, Client “X”). X entered the United States in November of 2013 on a C1 Crewman Visa after he fled his native Sri Lanka. X was being targeted by the government because his employer was caught helping other Sri Lankans seek refugee in Australia. Due to his affiliation with his employer, the government assumed that X was involved, arrested X and detained, interrogated and tortured him for days. X was fortunately released after a substantial sum was paid to authorities by his family. Shortly after, X’s family helped him find a job aboard another vessel that was sailing to the United States. X applied for asylum within one year of his entry into this country, but did not use the help of an attorney to file his initial application and failed to include key pieces of evidence, including country conditions.

X has a strong asylum case and he looks forward to credibly testifying about his claim at his full hearing scheduled for the end of 2017. In the meantime, X is able to legally remain and work in the U.S. with a valid work permit.

(*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 Updates: 2 More Work Permit Approvals for Asylum Applicants

Work Permit Renewal Approval: Another Work Permit Renewal granted to our client who is a native and citizen of Senegal, (hereinafter, “Y”), awaiting a decision on a cancellation of removal application for non-permanent residents (aka 10-year cancellation). Y’s work permit is based on her status as an asylum applicant as her asylum application remains pending while she awaits her cancellation of removal decision.

Work Permit Replacement Approval: Today we also received an approval notice for Employment Authorization for a client, (hereinafter, “X”), who is a native and citizen of Togo. X applied for Asylum within one-year of entering the country and is currently awaiting his initial interview with the Asylum Office. X’s work permit was initially approved in August, however, after he did not receive the actual work permit in his mailbox, it was clear that it was stolen. Since the post office reported that the EAD was delivered to the proper address, X had no choice but to reapply and wait over 5 months before the replacement was finally approved and mailed, this time to our office.

Unfortunately, there is an epidemic of EAD (and Green Cards) being stolen from recipient’s mailboxes. USCIS will make you reapply AND pay a filing fee of $410 if their records show that the post office delivered the EAD card to the correct address as listed on the application. USCIS also requires that you file a police report that your EAD card was stolen and include a copy of the report with the replacement application.

If you are worried about your EAD card being stolen out of your mailbox, give yourself piece of mind and contact us today and we can have your sensitive documents shipped to our office instead of your home and hold it for you to come pick up personally!

(*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 Updates: DACA Renewal Approved

Deferred Action for Childhood Arrivals (DACA) Renewal Approval:

Today we received another DACA renewal approval for a client, (hereinafter, “X”). X is a native and citizen of Guatemala who entered the United States with a B1/B2 nonimmigrant visa in 1998 when he was 15-years-old. X was one of the first to apply for DACA, submitting his application in August of 2012 when the relief first became available. This is X’s 2nd DACA renewal approval. As a DACA beneficiary, X received a work permit has been able to work legally and pay taxes for the past 4 years.

Last year, when X’s mother became gravely ill back in Guatemala and had to undergo surgery, X’s status as a DACA beneficiary allowed him to apply for humanitarian advance parole. His application was granted, and X was able to go back to Guatemala and see his mother for the first time in 17 years. Without the DACA program, X would not have been eligible to apply for a travel document, and thus would not have been readmitted to the United States if he left to go see his mother.

Although X is happy to have his DACA renewal approved, he is hoping and praying that President Trump does not repeal DACA.

(*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 Updates: 10-Year Green Card & Work Permit Approval

10-Year Green Card Approved:

Today we received another approval on a petition to remove conditions on permanent residence (Form I-751) for a client who is a native and citizen of of Mali, (hereinafter, “X”). X’s case was challenging because he and his U.S. Citizen wife were divorced, so he had to request a waiver of the joint filing requirement on the basis that he entered into his marriage in good faith but ended in divorce. X got married in February of 2013 to his U.S. Citizen wife who subsequently filed a marriage petition on his behalf. X’s marriage, however, was troubled from the start. A few months after the wedding, X and his wife began to fight a lot because X worked the night shift and his wife was feeling neglected. The fighting persisted, and eventually X asked her to move out for a little so they both could calm down. The couple was separated for only a few months when X and his wife decided that they would try to make the relationship work and she moved back in with him. Unfortunately, not long after that, X learned that his wife was pregnant with another man’s baby and that she was keeping the baby. Heartbroken and betrayed, X told his wife that he had to end the relationship. X filed for divorce and the divorce was granted last September. X, however, still needed to file to remove the conditions on his residence, but since he was no longer with the filing spouse, he had to request a waiver of the joint filing requirement based on a marriage that was entered into in good faith but terminated through divorce.

Cases that require a waiver to the joint filing requirement are particularly tricky due to the short lifespan of the marriage. Essentially, this means that in approximately 2 years, the following occurred: a couple got married, separated, filed for divorce (in New York you must wait at least 6 months to file a no-fault divorce), and received a final judgment of divorce (in New York this can take 3-6 months for a divorce to be processed from start to finish). As a result, there is often not much documentary evidence that exists to prove that the marriage was real.

X came to The Shapiro Law Firm to help him with the Request For Evidence sent by USCIS after he submitted the petition to remove conditions on his residence. The attorneys at The Shapiro Law Firm helped guide X in determining what evidence USCIS was looking for to make their determination. We also helped X explain his situation by asking him non-leading questions about the circumstances leading up to his marriage and subsequent breakup.

Yesterday, I attended the interview with X at USCIS. X was nervous but I told him that since he clearly entered into his marriage in good faith, he had nothing to worry about, and I was right! It only took 15 minutes for the immigration officer to inform X that his case was approved! X will be receiving his 10-Year Green Card in 2-3 weeks.

There were 2 keys to X’s case: (1) Providing USCIS with an honest account of what happened during the course of X’s relationship from the day that he met his wife until the day that he filed for divorce, and; (2) Providing sufficient evidence that the couple shared a residence and a life together by submitting physical documents and photographs.

When can X file for his citizenship? Although X obtained his Green Card based on marriage to a U.S. Citizen, because he is no longer married and living with his former spouse, he will have to wait the full 5 years before is eligible for naturalization.

Work Permit Renewal Approval: Today we received an approval notice for employment authorization for a client, (hereinafter, “Y”), who is a native and citizen of Indonesia. Y’s employment authorization is based on her pending asylum application. As an asylum applicant, Y was required to renew her work permit every year prior to expiration, but her new work permit is valid for 2-years in accordance with the new USCIS rule!

(*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 Updates: Green Card for Asylee, and Cancellation of Removal

Case Status Update | The Shapiro Law Firm, LLC

Asylee Green Card Approval: The Shapiro Law Firm would like to congratulate 1 of our clients, (hereinafter, “Client X”), who was approved to adjust his status from an Asylee to a Permanent Resident! X is a native and citizen of Cote d’Ivoire (Ivory Coast). X came to the U.S. in July of 2010 on a B1/B2 Visitor Visa and timely filed for Asylum (within a year of his entry.). Prior to coming to the United States, X and his father where members of the RDR Political Party (“Rassemblement Des Republicains”) in Cote d’Ivoire. X also worked as a Publicist. In 2008, X was nominated as the Secretary of the local branch of the RDR.

In 2005, X’s father was arrested by the the government forces of President Laurent Gbagbo for being an activist and was taken to jail where he was beaten, tortured and killed.

X, himself, was arrested on 4 separate occasions for peacefully protesting (in 2003, 2004, 2008 and 2009). 3 of the 4 times, X was detained for long periods of time and was beaten, tortured, interrogated and subject to deplorable living conditions. After spending about a week in detention, X was released as a result of pressure from NGO and human rights groups. At that point, he and his family decided that it was no longer safe for X in Cote d’Ivoire, so X applied for and obtained a Visitor Visa to come to the United States.

About a month after X came to the Untied States, government forces went to his home looking for him and when X was not there, they destroyed his home and threatened and beat his wife, who subsequently suffered a miscarriage from the beating.

Although X timely applied for Asylum, he had to prove his case in Immigration Court because the U.S. Department of Homeland Security claimed that since Laurent Gbagbo lost the 2011 election to Alassane Ouattara, X no longer had a fear of future persecution, as his political party was now allegedly in power. In actuality, Gbagbo infamously refused to give up power and the two political parties had a roe of violent clashes before Gbagbo was forcefully removed from the Presidency. Even after Gbagbo was removed from power, his supporters continued to attack the members of X’s political party.

Laurent Gbagbo became the first head of state to be indicted and tried by the International Criminal Court in January 2016 for human rights violations and war crimes that resulted in over 3,000 deaths. Gbagbo’s trial is set to conclude any day, and he has been detained pending the outcome of the trial.

After a trial on the merits, the Immigration Judge found X to be credible and granted his claim for asylum.

What is next for X? X’s wife and children, still in Cote d’Ivoire, have approved Asylee Relative Petitions and are looking forward to finally being able to join X safely in the United States. In addition, since X’s Green Card was based on his status as an Asylee, X only has to wait 4 years to apply for his citizenship (instead of the normal 5 years).

Green Card Approval based on Approved Cancellation of Removal: The Shapiro Law Firm would also like to congratulate 1 of our clients, (hereinafter, “Client Y”), who received a Green Card based on her approved Cancellation of Removal application. Y is a native and citizen of Indonesia who entered the U.S. in March of 2001 as a B1/B2 Visa Holder.

Y applied for asylum in 2011. Although it was more than a year after her entry into the United States, Y argued that she was entitled to the 1-year exception to the filing requirement due to changed country conditions. Like many other Chinese Christian Indonesians, Y fled her native country after the 1998 riots. When she arrived safely in the United States, she was too afraid to apply for any protection from the government. Since she failed to file within a year of entry, Y’s case was sent to the Immigration Court.

Since Y has been in the U.S., she has gotten married and has given birth to two U.S. Citizen children. When Y came to our office, we explained that although she has suffered past persecution and the new country conditions may excuse her untimely filing, it would be a tough hill to climb. However, Y had been physically present in the U.S. at that point for over 10 years and had good moral character. In addition, her U.S. Citizen daughter suffers from autism and sever pas PlanoValgus bilateral feet with abnormality of Gait. Based on this information, we concluded that Y presented a strong case for cancellation of removal, since her daughter’s medical conditions could not be properly treated in Indonesia, and thus Y’s U.S. Citizen daughter would suffer an extreme hardship in the event that Y was ordered removed.

Y had her Individual Hearing in Immigration Court in November of 2014, but since only 4,000 cancellation applications can be approved each year, Y did not receive a decision until this past September when she finally learned that her cancellation of removal application was approved. Cancellation applicants must file their adjustment of status applications concurrently, and thus her status was automatically changed to a Permanent Resident.

What is next for Y and her family? Y and her family are happily living together in Brooklyn, New York. Y can now file a marriage petition for her husband so that he may become a Permanent Resident as well.

(*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: Conditions on Permanent Residence removed, 10-Year Green Card Approved!

10-Year Green Card Approved: Today we received another approval on a petition to remove conditions on permanent residence (Form I-751)! Our client. (hereinafter “X”), is a native and citizen of Indonesia. X entered the United States in 2007 on a G-4 nonimmigrant visa as a clerical staff member for the Mission of Tunisia to the United Nations. X subsequently married aU.S. Citizen who was born in Puerto Rico.. X’s husband filed a marriage petition on her behalf, and in November of 2012, she received his green card based on the marriage. Because the couple was married for less than 2 years at the time of the green card interview, X only received a 2-Year Green Card. So, X and her husband had to file a joint petition to remove conditions on his residency within 3 months of the expiration date of his Green Card. X and her husband timely filed the petition in September of 2014, but never received a request for evidence so the joint petition was denied for failure to respond. X and her husband immediately refiled the joint petition upon notice of the denial and explained that they did not receive the request for evidence and during that time period, the couple had just gave birth to their first child. A year later, the petition was finally approved! and it was finally approved! X and her husband are happily living together with their daughter in Queens, and because of how long the I-751 process took, X can already apply for her Citizenship!

Case Status Update: DACA Approved!

Deferred Action for Childhood Arrival (DACA) Approved: Today we received another approval for an initial DACA application. Our client, (hereinafter, “Client X”), is a native and citizen of Jamaica who entered the U.S. with a B2 Visitor Visa at the age of 13. X’s mother sent her her here because Jamaica can be a very unsafe place for young girls and X’s mother did not feel that she could adequately protect her daughter. X’s mother sent X to live with a family friend in Florida whose plan it was to adopt X and apply for her green card. Unfortunately, X and her family friend spent years of frustration dealing with the Kingston Consulate in Jamaica, and they were unable to secure the required identity documents before X turned 16. One must be under the age of 16 when the adoption takes place to allow his or her adopted parent to obtain immigration benefits for that individual. When X came into our office she had just graduated college and found herself having trouble obtaining work because she did not have a work permit. Now that X has DACA, she can legally work in the U.S. and remain her without having to worry about being place into Removal Proceedings. She will need to renew her DACA status in 2 years.