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: 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 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.

Case Status Updates: Work Permit Approval for VAWA Beneficiary

Work Permit Approval: Today we received an approval notice for employment authorization for a client, (hereinafter, “X”), who is a native and citizen of Mali. X received Withholding of Removal and then got married to a Lawful Permanent Resident. X’s husband filed a marriage petition on her behalf, but unfortunately he then began to abuse her. We successfully filed a VAWA application for X that was approved earlier this year. Since her ex-husband is not a U.S. Citizen, there are no visa numbers immediately available for her. While she waits to be eligible to apply to adjust her status to that of a lawful permanent resident, X is able to obtain work authorization as a VAWA Beneficiary. X is hopeful that she will have her green card before she is due to renew her EAD card next year.

(*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, Work Permit Renewal Approval & Work Permit Replacement Approval

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 her status from an Asylee to a Permanent Resident! X is a native and citizen of The Gambia. X came to the U.S. on a B1/B2 Visitor Visa and overstayed a previous entry because she was afraid to return home. At age 18, her father was forcing her to marry her Uncle who was twice her age. When her father died, she felt it was safe for her to return home so she left the U.S. She subsequently married the man that she loved, but she began to have problems when she was unable to bear a child for him. Her husband’s family physically assaulted her and ostrasized her for not being able to conceive. In 2011, she was fortunate in being able to secure another visitor visa to come back to the U.S., but when she got to the border, she was questioned about her previous overstay, was detained by ICE and given a credible fear interview when she expressed her fear of persecution if she was forced to go home.

She was released from custody after a few weeks and given an given a date to appear in immigration court . At the end of 2014, the Immigration Judge granted her application for Asylum. She then had to wait 1 year to apply for her Green Card, and she finally received her approval this week!

She now lives in Atlanta, GA, with her infant daughter (she was finally able to conceive thanks to fertility doctors). Since her Green Card was based on her status as an Asylee, X only has to wait 4 years to apply for her citizenship (instead of the normal 5 years).

Work Permit Replacement Approval: A work permit replacement was approved for our client who is a native and citizen of Nigeria, (hereinafter, “Client W”). W is married to a U.S. Citizen who filed a marriage petition on his behalf. W received his work permit based on his pending adjustment of status application. His employment authorization application was approved back in May, but despite the fact that the post office said that they delivered his EAD card to the correct address, W never received it so he had to pay to file for a replacement card (adjustment applicants are generally not required to pay a filing fee for an initial or renewal EAD card, but must for a replacement).

W had to also file a police report to submit with his replacement application. Unfortunately, we often have clients who do not receive their work permits or green cards because their mail is stolen right out of their mailbox. These are very valuable documents and there is a high rate of theft involved.

If this has happened to you, we can help! Many of our clients have these invaluable documents sent to our office and they then arrange to come pick it up in person. Contact us today if this happened to you!

Work Permit Renewal Approval: Another Work Permit Renewal granted to our client who is a native and citizen of Trinidad & Tobago, awaiting a decision on a cancellation of removal application for non-permanent residents (aka 10-year cancellation).

(*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*)