Case Status Update: Approvals- I-751 w/ Waiver (10-Yr Green Card), Fiancé Visas, I-130, Alien Relative Petitions, Adjustment of Status, Motion to Reopen Order of Removal & Naturalization!

Part 2 of 2 – As promised, here are more of our case approvals over the last several months. We already have more case approvals that we were unable to add to this update so look for another case status update in the next few weeks! Congratulations to all of our clients whose case was recently approved!

I-751, Petition to Remove Conditions on Residency – Client (hereinafter, client “Y”), is a native and citizen of the United Kingdom. She received a Conditional Green Card based on her marriage to a U.S. Citizen. After receiving her Conditional Green Card, Y began to suspect that her husband was actually gay and cheating on her with a man. Her husband’s behavior started to change in other ways as well and he began to verbally and physically abuse Y. Y was able to leave the marital home and get away from the abuse, but she was worried that it would result in losing her Green Card as well.

Y was relieved when we told her that we could file a waiver of the joint filing requirement, based on the fact that she entered into the marriage in good faith in good faith, but was subjected to physical battery or extreme mental cruelty be her U.S. Citizen spouse.

Y was also in the process of divorcing her husband, and we informed her that should her divorce become final before the I-751 was approved, we could send a letter to USCIS with the divorce decree and request that she also be considered for a waiver based on a marriage that was entered into in good faith but was terminated through divorce. Y’s divorce was final before the approval and we did just that. A few months later Y’s I-751 self-petition was granted. Y is relieved to be safe from the abuse now and no longer has to worry about her legal status in the United States.

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

Fiancé Visa Petition Approved:

Our client, (hereinafter, client “Q”), is a naturalized citizen from Cote d’Ivoire. Q filed a petition for his fiancée who is a native and citizen of Mali. This is the second fiancé visa that Q has filed. The first one was denied because Q failed to establish an exception to the requirement that you have met your spouse in-person within the 2 years immediately preceding filing. Q had seen his fiancée just outside the 2 years before filing, but was unable to go back abroad because he his rigorous nursing school schedule. Despite proving proof of Q’s eligibility for the exception, the petition was denied. Fortunately, Q was finally able to get a break from school and go see his fiancée again. This time we were able to file the petition for him within those 2 years and it was approved without any issues. Q and his fiancée are now waiting for the approval to be transferred to the National Visa Center (NVC) so she can begin the next step of obtaining her K-1 visa.

I-797C, Notice of Action - I-129F Approval Notice

We also received a fiancé visa approval for our client, (hereinafter, client “P”), who is a native and citizen of the Netherlands. P is also waiting for approval to be transferred to National Visa Center (NVC) to start the next step.

I-797C, Notice of Action - I-129F Approval Notice

I-130, Alien Relative Petition Approvals – We received the following approvals Family-based petitions:

Lawful Permanent Resident (LPR) filing for his spouse and minor children:
- Client, (hereinafter, client “X”), is a Lawful Permanent Resident (LPR) who filed for his spouse and minor children, who are natives and citizens of Uzbekistan.
- X initially became a Permanent Resident after winning a visa through the Diversity Lottery.
- X came to us after he received his Green Card in order to file a Form I-130, Alien Relative Petition, for his spouse and kids who are still living in Uzbekistan
- After filing the I-130, USCIS sent a Request for Evidence (RFE) because X did not indicate on his Diversity Visa application that he was married so USCIS did not believe that the marriage was real and that he really had 3 minor children with his wife.
- X hired some type of “diversity lottery agency” back in Uzbekistan to help him complete the application, and despite telling the person who prepared his application that he was married with 2 kids (his 3rd child was born after the application was filed), the preparer listed him as single and did not tell X.
- At X’s visa interview abroad, he was not asked asked about his marital status or if he had kids, so the mistake in his application was unknown to X until he received the RFE.
- Fortunately for X, the experienced immigration attorneys at The Shapiro Law Firm, LLC, have seen this type of issue many times before and knew exactly how to handle it. We helped X prepare an affidavit (that is sworn to under penalty of perjury) explaining all of the details surrounding the agency he hired to fill out his diversity visa application and the fact that he was unaware the information was incorrect until he received the RFE because he did not read or understand english. We also submitted proof that X has gone back to see his wife and children since he initial entered the U.S. and provides financial support to them. It only took a few weeks after USCIS received our response to the RFE for the I-130 to be approved!
- Now, X’s wife and kids have to wait for the I-130 approval to be forwarded to the National Visa Center (NVC). They will then complete the immigrant visa application, submit the required civil documents and then attend their visa interview. X is excited for his family to finally join him as Permanent Residents in the United States!

I-797C, Notice of Action - I-130 Approval Notice

U.S. Citizen filing for his Father:
- Our client, (hereinafter, client “O”), filed an alien relative petition for his father who is a native and citizen of the Dominican Republic. O is a U.S. Citizen over the age of 21, so his father is considered an immediate relative, meaning that he does not have to wait for a visa # to become available, and is able to immediately begin the process of permanently immigrating to the Untied States through consular processing.

I-797C, Notice of Action - I-130 Approval Notice

I-485, Adjustment of Status Approvals:

I-485 Approval for VAWA Self-Petitioner (Battered Spouse of U.S. Citizen):
- The first I-485 approval if for our client, (hereinafter, client “R”), who is a native and citizen of Nigeria. R’s Employment Authorization Document (EAD) renewal, based on his adjustment of status application was approved, and then a month later he attended his I-485 interview. R’s VAWA petition, (filed as the abused spouse of a U.S. Citizen), was approved a few months ago and his Green Card was approved immediately following his I-485 interview.

I-797, Notice of Action - I-485 Approval Notice

I-485 Approval for Spouse of U.S. Citizen:
- We also received an approval notice for a client, (hereinafter, client “U”), who is a native and citizen of Indonesia. U initially entered the U.S. with F-1 student visa. Thereafter, U married a U.S. Citizen and he and his wife applied for the marriage petition and Green Card without the assistance of a lawyer.
- The marriage petition was approved, but the Green Card was denied. The USCIS denial claimed that U committed fraud and misrepresentation because he did not attend school when he first entered the country on his F-1 visa. USCIS told him to apply for an I-601 waiver of inadmissibility, which he did, but it was also denied.
- U then came to the experienced attorneys at The Shapiro Law Firm. After discussing the situation surrounding his entry, we discovered that he, along with many others, was tricked into thinking they would be attending school, but after attending school for a few days, U’s school suddenly shut down and he was forced to travel to Florida from California by the person who assisted him in obtaining the student visa in order to work for next to nothing. U did not realize that he was a victim of human trafficking! He never misrepresented his intentions in coming to the United States, so we decided it was best to reapply for Permanent Residence with an explanation of what happened to him, as too much time had past to pursue a Trafficking Victims Visa.
- The experienced immigration attorneys at The Shapiro Law Firm were correct and U’s Green Card was finally approved!

I-797, Notice of Action - I-485 Approval Notice

Motion to Reopen (MTR) Removal Proceedings Granted: – MTR in absentia granted for a client, (hereinafter, client “Y”), who is a native and citizen of Cote d’Ivoire.

Y is an Asylum Applicant who had interview at asylum office in September of 2017.
The asylum office did not approve his asylum application and referred him to immigration court. He was given a Notice to Appear (NTA) but was told a separate notice would be sent with the date of his first master hearing.
The experienced immigration attorneys at The Shapiro Law Firm, did not initially file the I-589, application or asylum and withholding of removal, but we did file a notice of entry of attorney with USCIS and the asylum office in June of 2015, and thus have been the attorney of records since that time.
Neither we, nor Y, ever received a subsequent notice from the Immigration Court stating when his first hearing would be.
On May 8, 2018, Y frantically called us and said that he received an order from the immigration judge, (“IJ”), stating that he missed his hearing a few days earlier and thus was ordered removed in absentia.
We immediately filed a motion to reopen and explained to the IJ that Y did not receive proper notice of the removal proceedings and thus his due process was violated.
DHS did not submit a motion in opposition, but that by no means guarantees that IJ will reopen removal proceedings for a person who has been removed in absentia. Good cause still must be shown for failing to appear.
The IJ agreed with us that good cause had been shown in Y’s case and granted our motion.
Y is nowscheduled to continue his asylum claim before the IJ in January of 2019.

Order of the Immigration Judge - Motion to Reopen in absentia order granted

N-400, Naturalization Approvals – Finally, we have a new U.S. Citizen!

Native and citizen of Burkina Faso who received his Permanent Residence through marriage to a U.S. Citizen. Congratulations!

N-445, Notice of Naturalization Oath Ceremony

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

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

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

Case Status Update: Approvals- Employment Authorization Documents (EAD), Travel Documents & DACA Renewal Approvals (Part 1 of 2)

Our first case status update blog post since July due to how busy we have been! The hard-working immigration attorneys at The Shapiro Law Firm have secured numerous approvals for our clients since our last post. So many in fact, that we are breaking up the update into 2 parts yet again! Here is Part 1 of 2 of our recent case status approvals. Part 2 will be posted within the week. Congratulations again to all of our clients!

Employment Authorization Documents (EAD) Approved – Initial and Renewals: We received the following approval notices for Initial & Approval Work Permits (EAD):

Based on Pending Asylum Application:
- Native and Citizen of Nigeria (initial):

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

Native and citizen of Indonesia (initial):

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

Native and citizen of Nigeria (initial) who is in Removal/ Deportation Proceedings:

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

Native and citizen Cote d’Ivoire (initial) who is in Removal/ Deportation Proceedings:

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

Native and citizen of Senegal (initial) who is in Removal/ Deportation Proceedings:

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

Native of Mauritania, citizen of Senegal (renewal), whose Removal/ Deportation Proceedings is currently Administratively Closed:

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

Native and citizen of Indonesia (renewal), whose Removal/ Deportation Proceedings is also currently Administratively Closed:

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

Employment Authorization and Advance Parole Travel Documents for Adjustment of Status Applicants (Based on Marriage to U.S. Citizen) were approved for the following clients over the past few months:

Client, (hereinafter, client “T”), is a native and citizen of Mexico who entered the U.S. on a K-1 Fiancee visa. T married her U.S. Citizen Spouse within 90 days of her entry and subsequently applied to Adjust her Status to that of a Lawful Permanent Resident. T is now waiting for her Green Card interview and is happy that she can legally work and travel abroad while she waits:

I-797, Notice of Action - I-131 Approval Notice

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

Client, (hereinafter, client “W”), a native of Pakistan and citizen of Canada initially entered the U.S. with a TN Visa. W subsequently married a U.S. Citizen, who file an Alien Relative Marriage Petition on her behalf. We concurrently filed for her Green Card, along with an EAD and advance parole travel document. The EAD and travel document were both approved on the same day and W should have received a joint EAD/ advance parole card. But, when W received her EAD card, it did NOT say “Serves as I-512 Advance Parole.” I immediately submitted an online case status inquiry for W to find out if there was a mistake or if she would be receiving the travel document separately. Shortly after submitting the inquiry, USCIS sent us a letter that her EAD card contained a mistake and she needed to mail back the card so that they could issue her a new one! A few months later USCIS fixed the error and notified W that the corrected card, containing both her permission to work and permission to re-enter the U.S. has been approved:

I-797, Notice of Action - I-131Approval Notice

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

Employment Authorization Document (EAD) Approvals for other Adjustment of Status Applicants:

Client, (hereinafter, client “S”), is a native and citizen of Cote d’’Ivoire. S received approval for his renewal EAD, which is based on his application for Adjustment of Status. S is married to a U.S. Citizen and came to us after he and his wife filed the I-130 marriage petition and Green Card applications to represent them in the Stokes Interview. We helped S and his wife prepare for the Stokes interview and then attended it with them. The I-130 marriage petition was approved a few days after the Stokes Interview. S is now waiting or the I-485 approval so that he can finally become a Lawful Permanent Resident.

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

Employment Authorization Document (EAD) for other categories:

Native and citizen of Jamaica (initial) who is a Violence Against Women’s Act (VAWA) self-petitioner. EAD is based on pending Adjustment of Status (Green Card) Application:

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

Client, (hereinafter, client “V”), who is a native and citizen of Jamaica received an initial approval for employment authorization. V is a VAWA self-petitioner. The category listed on the EAD card is for approved VAWA self-petitioners, but we have not gotten official word her VAWA petition was approved so V is still anxiously waiting for said confirmation! V is also waiting for her Green Card interview that is based on the VAWA petition.

Employment Authorization (EAD) Card

Advance Parole Travel Document Approved for Employment-Based Adjustment of Status Applicant:

I-797C, Notice of Action - I-131 Approval Notice

Client, (hereinafter, client “Z”), is a native and citizen of Ecuador. Z is currently in the U.S. on an H-1B visa that was recently approved for renewal. Z’s employer filed an employment-based visa for him, and Z concurrently filed for his Green Card and advance parole travel document.

Deferred Action of Childhood Arrivals (DACA) Renewal Approvals – We are also happy to announce the following DACA renewals were approved in less than 1 month! We are closely monitoring the status of DACA as the court challenges continue throughout the country. Check back for periodic websites on the status of DACA in our blog:

Native and citizen of Jamaica:

I-797C, Notice of Action - I-821D Approval Notice

Native and citizen of China:

I-797C, Notice of Action - I-821D 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*)

#ImmigrationWatch2018 | #Update to Topic #1: DACA | D.C. Circuit Court Orders DHS to Resume Accepting Initial DACA Applications in 20 Days or Appeal

#ImmigrationWatch2018

On April 24, 2018, the D.C. District Court gave the Trump Administration 90 days to provide a better explanation of the decision to end the Deferred Action for Childhood Arrivals (DACA) program. The Court further stated that if the government did not provide an adequate reason at the end of the 90-day period, it would rule that the decision by the Department of Homeland Security (DHS) to terminate DACA was arbitrary and capricious, and thus DHS would be ordered to resume the DACA program in full (i.e., to start accepting initial DACA applications again, along with the renewal applications that are still being accepted.)

On Friday, August 3, 2018, the D.C. District Court ruled that the additional memo submitted by DHS was insufficient and did not adequately explain the agency’s determination that the DACA program is unlawful. This is a BIG WIN for DACA supporters and especially those who are hoping to apply for DACA for the first time.

The government has 20 days to decide if they are going to appeal this decision. If no appeal is taken in 20 days (from August 3, 2018), DHS must resume the DACA program in full across the nation. This means it will continue to accept renewal applications AND must resume accepting initial applications.

BUT KEEP IN MIND...there is still pending litigation in other courts that can have an effect on the DACA program, including a lawsuit filed by several states in a Texas Federal Court that claims DACA is unconstitutional. An adverse ruling in another court would mean that a potential showdown over the fate of DACA is likely to end up in the Supreme Court of the United States.

For now, provided there is no appeal taken from the D.C. District Court’s ruling, the DACA program should be reinstated in full on August 23, 2018. Check back here for additional updates on DACA.

Do not wait to find out if DACA will stay in place. Contact us today to find out if there is a path to legal immigration status for you!

Find us on Facebook, Twitter and LinkedIn, and check back at theshapirolawyers.com, for updates on DACA!

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.

WYRWTK | Episode #19 | Am I Eligible to Become a U.S. Citizen?

Transcript: Hi, I am Attorney Shaffer, today on “What You Really Want to Know,” we answer the question, “Am I eligible to become a U.S. Citizen?”

If you are a Lawful Permanent Resident and meet all of the eligibility requirements for Naturalization, then yes, you are eligible to become a U.S. Citizen.

Let’s take a look at these requirements:

1. Years as a Permanent Resident. You must have been a Permanent Resident for the required amount of time. Most people will need to have a Green Card for 5 years before they are eligible for naturalization. Asylees only need 4 years, and if you obtained your Green Card through marriage to a U.S. Citizen and you are still married and living with that U.S. Citizen, then you only need to wait 3 years after becoming a Permanent Resident.

2. Applicant’s age. You must be at least 18-years-old to apply for Naturalization.

3. Continuous Residency. You must have been continuously residing in the U.S. for a least 5 years before you file. There is one exception, and that is for spouses of U.S. Citizens, who need 3 years of continuous residency.

4. Physical Presence. You must have been physically present in the U.S. for least 30 months out of the 5 years immediately preceding the filing of your application. Again, there is an exception for a spouse of U.S. Citizen, who only needs to have been physically present for 18 months out of the 3 years immediately preceding the filing.

5. Good Moral Character. You must be a person of good moral character to be eligible for Naturalization. There are many factors that go into determining if you have good moral character and the immigration officer has wide discretion in deciding if you do in fact do, and they get to look back 5 years (immediately preceding the filing of your application). An experienced immigration attorney can help you determine if you will have any problem meeting this requirement, and therefore should wait to file for your naturalization.

6. No disqualifying crimes. Unlike the good moral character requirement, there is no time period for the look back at your criminal history. There are certain crimes that will forever render you ineligible for Naturalization. If you have any criminal history, it is highly recommended that you contact an experienced immigration attorney to ensure that your criminal history will not disqualify you. The last thing you want when you are waiting for an approval notice in the mail, is instead of an approval notice, is a Notice to Appear in Immigration Court. USCIS does have the authority to place you in Removal/ Deportation Proceedings if they realize that you committed a crime at anytime that renders you deportable.

7. English Literacy. You are not allowed a translator for your Naturalization interview. You also must prove you can read and write in English, and finally;

8. Knowledge of U.S. History and Civics. You must pass the U.S. History and Civics test at the interview. You will be asked 10 questions and you have to get at least 6 correct.

Becoming a U.S. Citizen is exciting, but it is crucial to ensure that you meet all of the eligibility requirements before you file the application for Naturalization. This will help you prevent delay, denial, headaches and further expense.

Contact the experienced immigration attorneys at The Shapiro Law Firm, LLC, today to make sure that you meet all of the requirements and to assist you in filing for Naturalization.

That is all for this episode of “What You Really Want to Know,” thanks for watching!

**Attorney Advertising** Please be advised that that all information provided above is general in nature and does not create an attorney-client relationship.**Attorney Advertising**

USCIS News Release: Major USCIS policy change means do visa application right the first time or risk denial and deportation!

USCIS News Release

USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny

Release Date: July 13, 2018

Navigating the complex immigration laws to obtain legal status in this country has never been an easy task. The Trump administration has just made it harder and increased the chance that you will be penalized if your filings are not correct when you first submit it. Starting September 11, 2018, USCIS will be following new policy guidance that instructs the agency to deny visa applications without giving the applicant a change to submit additional evidence to establish eligibility. This means that if you do not submit everything that you need initially, you will not have a chance to fix your mistakes and your application will be denied. You will have to re-file in order to obtain the benefit sought, or even worse, you will be placed in Removal/ Deportation Proceedings, pursuant to other recently-released policy changes that instructs immigration officers to issue Notices to Appear (NTA) in Immigration Court to anyone whose application is denied and who is unlawfully present in the United States (this includes both individuals who entered the country illegally and individuals who are out of status, such as those who overstayed their visa).

Since 2013, USCIS policy guidance instructed adjudicators to issue Requests for Evidence (RFE) or Notices of Intent to Deny (NOID) when an application or petition for an immigration benefit was submitted without all of the required evidence. This gave applicants an opportunity to submit additional evidence (within a certain time period) to establish eligibility before the application was denied. Applicants who failed to respond to the RFE or NOID in the given time period, or whose response still failed to establish eligibility, had their applications denied.

Starting September 11, 2018, if all initial required evidence is not submitted with the benefit request, USCIS may deny your request without issuing a RFE or NOID. Examples of these denials given by USCIS in the press release include, waiver of inadmissiblity applications submitted with little or no supporting evidence and failing to submit a properly completed Form I-864, Affidavit of Support with a Form I-485, Application to Adjust Status, when it is required by law. Previously it was standard to issue RFEs in these cases, now the applications will simply be denied.

The experienced immigration attorneys at The Shapiro Law Firm have helped countless clients successfully respond to RFEs and NOIDs, preventing them from the delay and expense that comes with re-filing immigration applications. We have also prevented clients from being placed in removal/ deportation proceedings who would otherwise have been.

Although we have always recommended contacting us to assist you with your initial filing, rather than waiting to find out you did something wrong, it is now CRUCIAL that you contact us before filing, especially if you are in the country illegally or are out of status. You may not be given a second chance to correct your mistake and/ or establish eligiblity. Instead, you may find yourself in Immigration Court, facing possible deportation.

Hiring an experienced immigration attorney to assist you from the beginning of your immigration process has always been the key to preventing unnecessary delay and cost. We always make sure that our clients’ filings are correct and complete before mailing them off to USCIS. But now, failing to submit all of the required evidence up front can mean not just denial, but possible deportation.

DO NOT WAIT UNTIL IT IS TOO LATE! Contact us today to get help with your immigration filings so that you can rest easy knowing that your immigration filing is correct and complete!

Questions about filing for an immigration benefit? Click here to contact an experienced immigration attorney at The Shapiro Law Firm, LLC today.

Case Status Update: Approvals- I-751 (10-Yr Green Card), Fiancé Visa, H-1B Renewal+Labor Cert, Adjustment of Status, Refugee Travel Doc, Cancellation of Removal, and Naturalization!

I-751, Petition to Remove Conditions on Residency – Conditions removed, 10-Year Green Card Approved! Both of our clients who have had their I-751s recently approved, had their petitions granted without being called in for an interview with USCIS! This is thanks to the strong supporting evidence that we submitted with the petition. Both clients are already eligible to apply for naturalization, since they have been Permanent Residents for over 3 years, are married to U.S. Citizen’s, and are still married and living with their U.S. Citizen Spouses:

Native and citizen of France:

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

Native and citizen of Jamaica (whose U.S. Citizen Spouse is a proud member of the U.S. Military):

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

Fiancé Visa Petition Approved – We received an approval notice for a client, (hereinafter, client “U”) who is a naturalized U.S. Citizen. U, a native of Senegal, filed a K-1 Visa petition for her fiancé, who is also a native and citizen of Senegal. Now that U’s petition has been approved, her fiancé has 4 months to enter the U.S. with his K-1 Visa. He then has 90 days to marry U or leave the country. If U and her fiancé wed within the 90 days, U can then file for adjustment of status to become a Permanent Resident.

I-797C, Notice of Action - I-129F Approval Notice

H-1B Renewal Approved after responding to Request For Evidence (RFE) – We received an approval for an H-1B renewal for a client, (hereinafter, client “N”), who is a native and citizen of Ecuador. N is highly-skilled computer and network administrator who, like most applicants in his field, received additional scrutiny from USCIS and were forced to respond to a demanding RFE for approval. Fortunately, we were able to take care of the RFE response for N with no problem. N also had his Labor Certification approved earlier this year and has already submitted a I-140, Alien Worker Petition along with an application for adjustment of status. We are hopeful that N will be a Permanent Resident before the end of the year.

I-797C, Notice of Action - I-129 Approval Notice

I-485, Adjustment of Status Approvals:

The first I-485 approval if for our client, (hereinafter, client “Y”), a native and citizen of Mali, who is finally a Permanent Resident after waiting over a decade. Y’s Green Card is based on the I-130 petition filed by his U.S. Citizen daughter (who is over the age of 21).

I-797C, Notice of Action - I-485 Approval Notice

We also received an approval notice for a client, (hereinafter, client “V”), who is also a native and citizen of Mali.
- V initially entered the U.S. in 2000 with a B-2 visitor visa. In 2004, V married a U.S. Citizen who filed an I-130 petition on his behalf. The I-130 petition was pending for 5 years when V and his U.S. Citizen Wife were finally called in for a Stokes Interview. A few days after the Stokes Interview, V’s wife wrote a letter to USCIS to withdraw the I-130 petition that she had filed for V. As a result, the I-130 and I-485 were denied and V was placed into Removal/ Deportation Proceedings.
- V got divorced and then married another U.S. Citizen, (who he already had 2 children with), while he was in Removal Proceedings. USCIS sent a Notice of Intent to Deny the second I-130 petition. This is because, when a person is in Removal Proceedings, there is a higher burden of proof to show that the marriage is real and the Petitioner and Beneficiary have to formally request an exemption in accordance with INA § 245(e)(3). Eventually the marriage petition was approved.
- We then filed a motion to terminate** V’s Removal Proceedings so that he could pursue his Green Card (aka adjust his status) with USCIS, which was granted in 2016. Ever since then, V has been waiting for USCIS to approve his Green Card. V and his wife are thrilled that he is finally a Permanent Resident, and because they were already married for more than 2 years at the time of the Green Card interview, V received a 10-year Green Card. V will be eligible to apply for Naturalization in 2021, after 3 years as a Permanent Resident, provided that he and his wife are still married and living together.

**We filed the Motion to Terminate prior to President Trump taking office on January 20, 2017. Since that time, many significant changes have taken place regarding how cases are handled in the Immigration Court. For example, DHS is no longer permitted to consent to terminate Removal Proceedings to allow an eligible individual to apply for adjustment of status before USCIS, and the Immigration Judge is no longer permitted to terminate Removal Proceedings for the same reason. Instead, the individual must wait for a full hearing before the Immigration Judge, who can then approve the adjustment of status application. Pursuing a Green Card before the Immigration Court takes years longer than it does before USCIS due to the ever-growing backlog of cases in the system. In all likelihood, V would still be waiting for his full hearing to see if the Immigration Judge would approve his Green Card application if he was unable to terminate his Removal Proceedings in 2016.

I-797C, Notice of Action - I-485 Approval Notice

I-131, Refugee Travel Document Approved – We also received an approval for a client, (hereinafter, client “Z”), who is a native and citizen of Mauritania. Z’s refugee travel document is based on his pending asylum application. In order to receive a travel document with a pending asylum application, you have to prove that there is a humanitarian need for you to leave and re-enter the country. This is not an easy application to get approved. USCIS issued a Request for Evidence (RFE) for more proof that Z’s relative was sick, and since it took so long for USCIS to adjudicate the application, Z had to also prove that he still needed to travel.

Despite the approval, it is always a risk to leave the country when you have an application pending, since the travel document itself does not guarantee you will be admitted. Admission is at the discretion of the CBP officer you encounter.

We are happy to very happy to report that Z and his wife were able to go to Senegal to visit Z’s relative and had no problem re-enter the United States! Z will no continue to wait for his asylum interview.

*It is important to note here that if you are an asylum applicant or an asylee and you return to the country where you are claiming that you have and/or will be persecuted, your application will be denied, your asylee status may be revoked (if your application had already been approved), you can lose your Green Card (if you obtained it based on your status as an asylee) and you may not even be permitted back in the United States!

I-797C, Notice of Action - I-131 Approval Notice

Cancellation of Removal Granted for Husband AND Wife – For two clients, a husband and wife, (hereinafter, “HW”), who are natives and citizens of Trinidad and Tobago. HW were in Removal Proceedings together and had there merits hearing before the Immigration Judge back in 2013. At the hearing, HW both credibly testified about the following:

they are persons of good moral character;
they have continuously resided in the United States since their entry;
they have been physically present in the U.S. for at least the 10 years preceding the Notice to Appear in Immigration Court, and;
if they are removed from the country, it will result in an extreme and unusual hardship to their 2 U.S. Citizen children.

As with all cancellation of removal cases, the hardest element to prove is the extreme and unusual hardship element. For HW, we proved to the court that one of their daughters has a debilitating fear of spiders and the other daughter has a serious skin disease. The Immigration Judge found that HW met their burden and granted them Cancellation of Removal. HW is now waiting for the Green Cards to be mailed to them and are so happy to finally have their Removal Proceedings cancelled!

Order of the Immigration Judge - Cancellation of Removal Granted

N-400, Naturalization Approvals – Finally, we have 3 new U.S. Citizens!

Native and citizen of Liberia who initially obtained permanent residence as an asylee derivative (he was listed as a minor child on his father’s asylum application)

N-445, Notice of Naturalization Oath Ceremony

Native and citizen of Mali who was applying for the second time. The first time he applied he applied as the spouse of a U.S. Citizen who had been a permanent residence for only 3 years. The application was denied because he did not have enough proof that he was still married and living with his spouse (and this very much was the case). Rather then attempting to appeal the decision, he decided it was better to wait until he had the full 5 years. The application was easily approved this time around.

N-445, Notice of Naturalization Oath Ceremony

Another native and citizen of Liberia who was an asylum derivative (based on her husband’s asylum application).

N-445, Notice of Naturalization Oath Ceremony

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- Employment Authorization Documents (EAD), Travel Documents & VAWA Approvals (Part 1 of 2)

A new Case Status Update is finally here! The hard-working attorneys at The Shapiro Law Firm have been so busy that we have not been able to post about all of our new client approvals since February! Since so many cases have been approved since then, we will be posting all of the approvals in multiple parts. Here is Part 1 of 3. Part 2 will be posted within the next week.

Employment Authorization Documents (EAD) Approved – Initial and Renewals: We received the following approval notices for Initial & Approval Work Permits (EAD):

Based on Pending Asylum Application:
- Native and Citizen of Indonesia (initial):

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

Native and citizen of Mali (initial):

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

Native and citizen of Burkina Faso (initial):

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

Natives and citizens Cote d’Ivoire – husband and wife (initial):

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

Native and citizen of Indonesia (initial):

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

Natives and citizens of Indonesia – husband, wife and their minor children (initial):

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

Native and citizen of Brazil:

I-797C, Notice of Action - I-131 Approval Notice

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

Native and citizen of Mali:

I-797C, Notice of Action - I-131Approval Notice

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

Native and citizen of Germany:

I-797C, Notice of Action - I-131 Approval Notice

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

Native and citizen of Ghana (renewal):

I-797C, Notice of Action - I-131 Approval Notice

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

Employment Authorization Document (EAD) Approvals for other Adjustment of Status Applicants:

Client who is a native and citizen of Mali. Her Adjustment of Status application is based on her status as an Asylee.

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

Client who is also a native and citizen of Mali. Her Adjustment of Status application is based on her approved VAWA Petition for being an abused spouse of a U.S. Citizen.

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

Client who is a native and citizen of Trinidad and Tobago. Her Adjustment of Status applications is also based on her VAWA Petition (recently approved, see below) for being an abused spouse of a U.S. Citizen.

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

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

Client who is a native and citizen of Mali. His adjustment of status application is based on marriage to a U.S. Citizen. He came to us after his I-485 application was denied (within 30 days of the denial). We filed a motion to reopen/reconsider the I-485 denial. The motion is still pending, but we were able to renew his EAD while he waits for the new decision.

Employment Authorization Document (EAD) Approvals for Other Categories:

Native and citizen of Senegal. His EAD is based on his Order of Supervision.

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

Native and citizen of Mali. Her EAD is based on her grant of Withholding of Removal.

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

Native and citizen of Trinidad & Tobago. His EAD is based on his pending Cancellation of Removal application.

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

Violence Against Women Act (VAWA) Approvals – We received the following approvals for clients who filed for an immigrant visa as an abused spouse of a U.S. Citizen:

I-797, Notice of Action - I-360 Approval Notice

Our client, (hereinafter, client “X”), who is a native and citizen of Nigeria had his VAWA petition approved. X is a male who married a female U.S. Citizen. Not long after their marriage, X’s wife physically assaulted him by spraying mace in his eyes and then robbing him in broad daylight. Although the physical assault would be enough for the abuse element for the VAWA petition, X’s wife also subjected him to verbal abuse that we provided extensive documentation of. X is now finally scheduled for his I-485 interview next month and should be a Permanent Resident soon.
Our second VAWA approval is for a client, (hereinafter, client “W”), who is a native and citizen of Trinidad and Tobago. W came to us after her VAWA petition was pending for hers with no decision. We contacted USCIS to find out what was going on and received a request for evidence a few weeks later. We helped W identify and obtain the missing supporting documentation and her case was finally approved a few months later. W also has an order of removal, so our next step in her case is to file a motion to reopen and terminate her case so that she can apply for her Green Card with the Immigration Judge, or preferably with USCIS.

I-797, Notice of Action - I-360 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*)

#ImmigrationWatch2018 | #Update to Topic #1: DACA | D.C. District Court Brings DACA Back (?) What You Need to Know!

#ImmigrationWatch2018

The D.C. District Court ruled this week that the Trump Administration must resume accepting renewal AND new Deferred Action for Childhood Arrivals (DACA) applications. Recently, two other federal courts ordered the administration to continue processing renewal DACA applications. See, CASA de Maryland, et al. v. Dept. of Homeland Security, et al., 8:17-cv-02942 (D.Md.), and Batalla Vidal, et al. v. Nielsen, et al., 1:16-cv-04756 (E.D.N.Y); State of New York, et al. v. Trump, et al., 1:17-cv-05228 (E.D.N.Y.).

So does this mean that DACA is back for good?

Possibly. It is certainly a step in that direction, but DACA’s future is far from certain. Here is what you need to know about the D.C. District Court ruling:

The D.C. District Court’s order that the Department of Justice (DOJ) continue accepting new DACA applications will not go into effect for 90-days.

The judge issued this 90-day stay (or pause) to allow the DOJ an opportunity to explain how it reached the conclusion that DACA is unlawful.

The judge based this ruling on the fact that the Attorney General Jeff Session’s memo rescinding DACA concluded that DACA violated statutory and constitutional law, but failed to adequately explain how this decision was reached. The judge found that the failure to provide this reasoning means that the DOJ’s decision was “arbitrary and capricious,” and thus invalid under the Administrative Procedure Act (APA).

The Judge did not reach the issue of whether or not DACA is constitutional. Rather, the Judge found that the DOJ’s action to rescind DACA to be unlawful. Although the DOJ has broad authority over enforcing immigration laws, this type of agency action is still reviewable and must comport with our basic principles of fairness, due process and the APA.

Why did the Judge give DOJ 90-days to justify the recession of DACA?

The short answer is to give the DOJ a chance to explain why it concluded that DACA is unlawful. Why would the judge allow this? Right now, first time DACA applications are not being accepted. Had the Judge not stayed the vacatur, there would be an influx of new applications. If the DOJ eventually did provide a valid reason for rescinding DACA during the course of this litigation, it would create confusion and be very disruptive.

Keep in mind, the Judge could have also ruled the DACA rescission to be unlawful but not vacate it while the case proceeded forward. However, the Judge weighed this concern against the concern that every day the DOJ does not accept new DACA applications, eligible applicants are at risk of being placed into removal/ deportation proceedings. The Judge thus opted for a middle ground which gives the DOJ 90-days to justify the recision of DACA or the recession will be automatically revoked, thereby reinstating the DACA program.

What does this mean if you are hoping to apply for DACA for the first time?

Right now, only renewal DACA applications are being accepted. If the DOJ does not provide a valid reason for declaring DACA unlawful within 90-days, then the DOJ is supposed to resume accepting initial DACA applications as well. However, it is important to note that pending litigation in other jurisdictions, as well as an appeal of this decision, are still on the table, which can delay or derail the DACA program restart. It is highly recommended that you speak with an experienced immigration attorney if you are thinking of filing a DACA application.

But wait, there is a twist!

To complicate matters even further, less than a week after Judge Bate’s ruling, 6 states sued the Trump Administration claiming that DACA is unconstitutional and it should be terminated. This lawsuit claims that DACA is unlawful, whereas the challenge in the D.C. District Court and other Federal Courts across the country (including the two courts that ordered the DOJ to resume accepting renewal DACA applications a short time ago) claim that the DOJ’s decision to end DACA was unlawful. This means that there is a very real possibility that one court will rule DACA to be unlawful, while another court will directly contradict this ruling by finding that ending DACA is unlawful. It is too soon to predict how this all will end, but one thing does seem fairly certain, the fate of DACA will likely end up in the hands of the Supreme Court.

Do not wait to find out if DACA will stay in place. Contact us today to find out if there is a path to legal immigration status for you!

Find us on Facebook, Twitter and LinkedIn, and check back at theshapirolawyers.com, for updates on DACA!

WYRWTK | Episode #18 – Part 2 | How do I Bring My Family to USA as Permanent Resident & How Long Does it Take?

Transcript: Hi, I am Attorney Shaffer. Today on “What You Really Want to Know” we answer the question, “I am a Lawful Permanent Resident or U.S. Citizen, how do I bring my family to US as a Permanent Resident and how long does it take?” (Part 2- The NVC Process)

On our previous episode, we discussed Part 1 of the process, the alien relative petition. Today we take a look at Part 2, the National Visa Center or NVC process.

Once the I-130 Petition is received, you are going to get a receipt notice that looks like this. I am going to put a copy of this on our website at theshapirolawyers.com.

Form I-130 Receipt Notice

On this receipt notice, in the upper part (here is a blown up portion of it), there is a box that says ‘priority date.’

I-130 Receipt Notice - Priority Date highlighted

Unless you filed for a family member who is considered an ‘Immediate Relative,’ this date is key. This date preserves your family member’s position in line for a visa.

The next step cannot be started until a visa # is available for your relative. “Immediate Relatives” do not have to wait and can start the NVC process as soon as the I-130 Petition is approved.

Processing times for theI-130 Alien Relative Petitions vary. In our experience they take about 6-8 months to get approved.

Once it is approved, the case is transferred to the NVC. If a visa number is immediately available, the NVC will contact you and your family member to begin the next part of the process which includes:

paying the affidavit of support and immigrant visa fees;
Collecting and submitting all the required civil documents;
Fill out the online immigrant visa application, and;
You (the petitioner) will file an affidavit of support with supporting documentation and if your income and assets combined are not high enough, you are going to need a joint sponsor to also file an affidavit of support with the supporting financial documentation

Once all of that is done and complete and sent to the NVC, the US embassy/ consulate abroad will notify your family member of when his or her interview will take place and what, if any, other documents, are needed.

If a visa # is not immediately available, then your family member is going to have to wait to start the NVC process. NVC is going to notify you and your family member when the visa # is available. Current wait times range from about 1 year to over 15, almost 20 years depending on your family member’s preference category, and in some cases their country of citizenship.

To get an estimate of how long your family member is going to have to wait, you can go to: travel.state.gov and look at the most recent visa bulletin (Click here to go to the most recent visa bulletin). You are going to look for your family member’s preference category, and that is based on his or her relationship to you, and then you are going to go down to the family-sponsored visa application chart. The date that you see in the chart corresponding to the preference category represents the priority date (which I mentioned earlier) of the applications currently being processed. This means that the date on your family member’s receipt notice (the priority date) has to be that day or earlier in time in order for them to begin the NVC process.

Once your family member’s date becomes “current,” the NVC will notify you and your family member to start the NVC process

Within a few months of being notified by NVC, your family member should be able to enter the U.S. with an immigrant visa, and then within 30 days of entering the US, should receive his or her Green Card in the mail.

This is a complex and lengthy process and the assistance of an experienced immigration attorney can ensure that your family member is able to join you in the U.S. quickly and as painlessly as possible.

If you need help filing for your loved one or you are worried that your pending application is taking too long. Contact us today!

That’s all for this episode of “What You Really Want to Know,” thanks for watching!

(Missed Part 1- The Alien Relative Petition? Click here to watch!)

**Attorney Advertising** Please be advised that that all information provided above is general in nature and does not create an attorney-client relationship.**Attorney Advertising**

WYRWTK | Episode #18 – Part 1 | How do I Bring My Family to USA as Permanent Resident & How Long Does it Take?

Transcript: Hi, I am Attorney Shaffer. Today on “What You Really Want to Know” we answer the question, “How do I bring my family to the United States as a Permanent Residents and how long does it take (Part 1-The Alien Relative Petition)?”

The answer is, the process will differ depending on how your family member is related to you.

Part 1 of this answer will focus on the Alien Relative Petition. We will cover Part 2, the NVC (National Visa Center) process, in the next episode.

First, let’s look at which family members you can file for. If you have a Green Card, you can only file for your:

Spouse;
Children under 21 years of age, and;
Unmarried children age 21 or over.

If you are a U.S. Citizen, you can file for a few more family members, including your:

Spouse;
Children (married & unmarried) & their spouse and minor children;
Parent (if you are age 21 or over);
Adopted orphan, and;
Brothers & Sisters (and their spouses and minor children).

All of these filings begin the same way, except if you are filing for your spouse. We will discuss spouse filings in a later episode.

For all other family members, you will begin by filing an alien relative petition, also known as the Form I-130. You will do this for each family member that you are petitioning for and you will file it along with the supporting evidence of your family relationship and proof of your immigration status. Exactly what evidence you will need to prove the family relationship will vary depending on who you are filing for and the particular circumstances of your relationship. In general, the types of documents you will need include:

Birth certificates;
Marriage certificates;
Divorce decrees;
Death certificates, and;
Adoption documentation.

You will also need to prove your immigration status with one of the following:

US birth certificate;
Naturalization Certificate;
US Passport Biographic Information Page, or;
Green Card (if you are a Lawful Permanent Resident).

Now there may be additional evidence that you need to submit, depending on the nature of your relationship to the person you are filing for. If you do not submit the correct documents initially, you are going to cause a delay in processing and possibly a lot of headaches! That is why it is essential to contact an experienced immigration attorney to verify that you have everything that you need. An example you may not be aware of, is there may be different evidence requirements if you are filing for a father than for a mother if, for example, your father is not on your birth certificate.

Once you make sure that you have filled out the forms correctly and they are signed, you are going to put that all together with the supporting documents and the correct filing fee and send it into USCIS.

In about 2 weeks you are going to receive a receipt notice that looks a little something like this. I will include this example of a redacted receipt notice on our website, theshapirolawyers.com, so you can take a look for yourself, and this is going to be essential for when we talk about Part 2, the NVC Process, to have this receipt notice (see image below).

Form I-130 Receipt Notice

If you need help filing for your loved one or you are worried that your pending application is taking too long. Contact us today!

Stay tuned for Part 2 of “How do I bring my family member to the US as a Permanent Resident and how long does it take? Part 2- the NVC Process!

That’s all for this episode of “What You Really Want to Know,” thanks for watching!

**Attorney Advertising** Please be advised that that all information provided above is general in nature and does not create an attorney-client relationship.**Attorney Advertising**