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: 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*)

#ImmigrationWatch2017 | #Update to Topic #1: DACA | New Bi-Partisan Legislation Introduced in Senate

#ImmigrationWatch2017

Today, Senators Dick Durbin and Lindsey Graham introduced a bill entitled, “The BRIDGE Act.” The BRIDGE Act will protect DACA recipients from the incoming Trump Administration by creating a new status called “Provisional Protected Presence.” Here is a break down of what Provisional Protected Presence status will look like:

The bill will be in effect for 3 years from the date it becomes a law;
It will be available to all current DACA recipients and those who are eligible for DACA who have not yet applied for the status;
You must pay a fee, undergo a background check and meet all of the DACA eligibility requirements (for DACA eligibility requirements click here).
You will be able get employment authorization so that you can legally work;
Any information given to the U.S. government under for DACA or for provisional protected presence status cannot be us for immigration enforcement. In other words, you will not need to worry that the government will use the information they gave to deport you or your family members (there are exceptions though for national-security reasons and for non-immigration felony investigations), and;
It will not provide recipients with a path to legal status or a green card.

Now we face the real challenge of getting both houses of Congress to approve the legislation. Congress recesses for the holidays next Friday, December 16, so it is unlikely to gain much traction before Congress comes back in session on January 3, 2017.

At least this is a step in the right direction to get DACA recipients some protection and piece of mind. #withDACA

*If you are in the United States and are worried about your ability to remain in the country, contact an experienced immigration attorney at The Shapiro Law Firm, LLC, to find out if we can help.*

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*)