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!

**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: 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: 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*)

USCIS News Release: USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents

USCIS News Release

USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents

Release Date: April 19, 2017

Starting May 1, 2017, USCIS will issue newly-designed Permanent Resident Cards (aka Green Cards) and Employment Authorization Cards (aka EAD Cards). The new cards feature enhanced graphics and security-features that are more secure and tamper-resistant than the cards currently in circulation.

The new Green Cards and EADS will:

Display the individual’s photos on both sides;
Show a unique graphic image and color palette:
- Green Cards will have an image of the Statue of Liberty and a predominately green palette;
- EAD cards will have an image of a bald eagle and a predominately red palette;
Have embedded holographic images; and
No longer display the individual’s signature.

For the full press release, click here.

Need help filing for your Green Card or EAD? Click here to contact an experienced immigration attorney at The Shapiro Law Firm, LLC today.

Note: “Attorney Advertising” The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Any email sent via the Internet using email addresses listed in this web site would not be confidential and would not create an attorney-client relationship.

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: Work Permit & Travel Document Approved for Adjustment Applicant

Work Permits & Travel Document Approved: We received another work permit and travel document approval for an adjustment of status applicant. Our client, (hereinafter, Client “X”), is a native and citizen of Cote d’Ivoire. X came to us in 2014 after the Immigration Judge (IJ) denied his application for cancellation of removal and ordered him removed from the United States because X failed to establish that his U.S. Citizen daughter would suffer an extreme and unusual hardship if X was removed from the United States. After a careful review of X’s file and the IJ’s order, we realized that the IJ omitted key pieces of evidence in the decision that were crucial in determining that X was eligible for the relief sought. Since X came to us within 30 days of the order, we were able to file a Motion to Reconsider based on errors of law and fact in failing to consider the aforementioned evidence. We also filed a Stay of Removal to prevent the government from removing X from the country before his motion to reconsider was decided.

Less than 30 days later, the IJ granted X’s Motion to Reconsider, thereby vacating the order of removal and reopening his removal/deportation proceedings.

Not long after, X’s U.S. Citizen daughter turned 21 years old, so she filed an I-130, immigrant visa petition for X. Once the I-130 was approved, we file a motion to terminate X’s Removal Proceedings. That motion was granted back in September, allowing X to finally file for his Green Card with USCIS.

X was also able to file for a work permit and travel document while he waits for his Green Card application to be adjudicated. Now that X has an approved work permit and travel document, he can lawfully work in the United States and travel in and out of the country at will.

X is patiently awaiting his Green Card interview.

Form I-797, Notice of Action - I-765 Approval Notice, Page 1

Form I-797C, I-765 Approval Notice, Page 2

Form I-797C, I-131 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: Asylum Clock Restarted – Work Permits Approved

Asylum Clock Restarted – Work Permits Approved: Yesterday we received two more work permit approvals for a husband and wife who are natives and citizens of Indonesia, (hereinafter Clients “X” and “Y”). X and Y have never had a work permit before despite applying for asylum 10 years ago because they did not know they were eligible to apply. When X and Y applied for asylum, less than 150 days elapsed before their case was referred to the immigration court by the asylum office. An asylum applicant must wait 150 days to after submitting an asylum application before applying for a work permit. If your case is denied or the clock is stopped, you are not eligible for a work permit.

There are many different reasons that the 150 day clock can be stopped. In X and Y’s case, their asylum application was denied by the Immigration Judge before they reached 150 days (*today, it can take 3+ years to have your interview with the asylum officer so applicants are reaching 150 days well in advance of a potential denial. But keep in mind that there are other reasons your clock can be stopped, like missing your biometrics appointment).

After the Immigration Judge denied the case and entered an order of removal/ deportation against X and Y, the couple appealed the decision to the Board of Immigration Appeals (BIA). X and Y won the appeal and their removal/ deportation was remanded back to the Immigration Court where it was eventually administratively closed.

X and Y came to our office after unsuccessfully applying for a work permit to see if there was anything that we could do to help them. Upon review of their file, we noticed that the time between the appeal to the BIA and the remand back to the Immigration Judge exceeded 150 days and the BIA has ruled that the asylum clock restarts upon a successful remand from the BIA and includes all the days that the case was on appeal awaiting a decision.

So, we wrote a letter to USCIS explaining that the system was not updated to reflect the correct amount of days on the clock and sent it with the application for employment authorization. In just 3 weeks, X and Y’s applications for employment authorization were granted!

**If you think that you are eligible for a work permit but you have not been able to obtain an approval, 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*)

#ImmigrationWatch2017 | #Update to Topic #1: DACA | President Trump breaks promise to supporters – DACA still exists.

#ImmigrationWatch2017

One of President Trump’s top campaign promises was to repeal the Obama Executive Order known as DACA (Deferred Action for Childhood Arrivals) on Day 1 of his administration. Day 1 was this past Friday, January 20, 2017. It is now January 24, 2017, and DACA remains fully intact. This is not a complete shock, as Trump has softened his stance on DACA since winning the election. However, it was one of his main battle cries, referring to DACA as one of the two “illegal” Obama immigration executive orders.

So what does this mean for the fate of DACA? Should DACA beneficiaries continue to file for renewals? Should those who are DACA eligible who have yet to apply, still consider doing so?

If you have DACA, you still have DACA and can still continue to use your work permit. But out is still unclear what it means for the future of DACA. President Trump needs to clarify his stance on DACA so that DACA recipients can move forward. As President, Trump at any time and for any reason can repeal DACA. Simply not doing so, without an affirmative statement about DACA’s future, leaves a permanent feeling of uneasiness and fear hanging over those effected.

That being said, before you apply for DACA for the first time or for a renewal, speak to an experienced immigration attorney to make sure that it is the right action for you to take,

*Do you have questions about DACA? Need help with filing, contact an experienced immigration attorney at The Shapiro Law Firm, LLC, to find out if we can help.*