Tag: featured

USCIS News Release: USCIS to Take Action to Address Asylum Backlog

USCIS News Release

Agency Will Focus on Processing Recently Filed Applications

Release Date: January 31, 2018

USCIS has announced a plan to reduce the significant backlog for asylum interviews that has increased dramatically over the past 3-4 years as a result of a spike in asylum applications that have been filed across the country. There are currently over 300,000 applicants waiting to be interviewed.

This is great news for genuine asylum applicants, who currently can wait over 3 years for an asylum interview! Long wait times can mean evidence gets stale, memories become fuzzy and even country conditions can change.

The plan is for USCIS to focus on recently filed applications by immediately scheduling interviews upon receipt of asylum applications and then working backwards through the backlog. The basis for this change is to protect the integrity of the asylum system and prevent fraud. The backlog has allowed both legitimate and illegitimate asylum seekers alike to remain in the country for years while they wait AND receive employment authorization.

So if you file today, you are going to have your asylum interview scheduled very soon, but if you filed in 2014 and are still waiting for an interview, then you are likely going to wait now for a few more years. Fortunately, applicants who have been waiting for 6 months or more for their interviews are eligible to apply for a renewable 2-year employment authorization document (EAD). To read the News Release from USCIS click here.

Questions about filing for Asylum or a Work Permit (EAD) based on your status as an asylum applicant? 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: Approvals- Work Permits (EAD), Asylee & Family-Based Green Cards, Conditions Removed, Fiancé Visa, DACA Renewal

Initial Employment Authorization Documents (EAD) Approved: We received the following approval notices for Initial Work Permits (EAD):

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

  • Native and citizen of Cote d’Ivoire:

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

    Renewal Employment Authorization Documents (EAD) Approved: We received the following approval notices for Renewal Work Permits (EAD):

    • Based on Pending Asylum Application:

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

    • Based on Grant of Withholding of Removal: Work permits granted under this category are for individuals who were granted Withholding of Removal by the Immigration Judge. Individuals granted Withholding of Removal are required to their work permits every year in order to continue to work legally in the United States.

    Form I-797C, I-765- Applicant for Employment Authorization, Approval Notice

    Employment Authorization Approval Based on a Final Order of Removal and Deportation & an Order of Supervision: Applicant’s in this category have been ordered removed or deported by an Immigration Judge and are under an Order of Supervision (OOS), which requires an individual to periodically report to Immigration & Customs Enforcement (ICE), similar to probation. Every check-in can end in the individual being arrested by ICE and deported shortly thereafter. We often attend OOS appointments with clients in order to inform ICE that we are in the process of filing relief from removal to decrease the chances that the person will be arrested at the check-in.

    Why is someone allowed to remain in the United States if he or she has already been order removed/ deported? There are a variety of reasons ranging from an appeal of the final order is still making its’ way though the court system, to the individual’s home country refuses to take him or her back by issuing a travel document. Regardless of the reason, the Supreme Court has ruled that it is unconstitutional for ICE to detain an immigrant indefinitely, and combined with the fact that there is limited detention space for ICE detainees, OOS are used by ICE to keep tabs on people who with final orders. Many people are under OOS for years, and thus they are allowed to apply for and renew work permits while they remain here.

    • A client, (hereinafter, client “X”), a native and citizen of Senegal, received an initial work permit (EAD) under this category. X was ordered removed by an immigration judge in 2016 after he was caught crossing the U.S./ Mexico border. X was given a credible fear interview but never filed an asylum application due to the fact that he was detained and did not have access to a lawyer. As a result, he received an expedited order of removal, but released from detention and issued an OOS. I recently attended an OOS check-in with X and informed his ICE Officer that we have filed a Freedom of Information Act (FOIA) Request for X’s entire immigration file so that we can review what has happened and determine if he was denied due process since he requested a lawyer, but was in detention and was unable to access one and appeared without a lawyer before the Immigration Court.

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

    • We also received an approval notice for a renewal work permit (EAD) for a client, (hereinafter, “W”), who is a native and citizen of Mali. W’s work permit (EAD) is also based on a final order of deportation and OOS. W was previously granted Voluntary Departure but did not leave the country as promised. W was previously detained by ICE, who was actively trying to deport him after he failed to voluntarily depart the country. However, W filed a Writ of Habeas Corpus with the U.S. District Court because he was held so long in ICE Detention. The Writ was granted and W was released from ICE detention with on an OOS since ICE was unable to deport him back to Mali. W has a U.S. Citizen Wife and Children and we have also ordered his FOIA file to see if he was properly-advised in deciding to accept Voluntary Departure, rather than pursue another avenue of relief from removal.

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

    I-751, Petition to Remove Conditions, filed with a Waiver based on a Marriage entered into in Good Faith but Terminated due to Divorce Approved – We also received an approval notice for an I-751, self-petition, for a client, (hereinafter, “V”), who is a native and citizen of Mali. V initially received a Conditional Green Card based on his marriage to a U.S. Citizen. After he received his 2-Year Green Card, he timely filed a Joint Petition to Remove Conditions on his Residency with his Wife in 2014. While that petition was pending, V found out that his wife was cheating on him and filed for divorce. V missed his I-751 interview because he did not receive the interview notice and did not know it was ever scheduled. For some reason, V’s I-751 interview never got re-scheduled nor did the Petition get denied. V came to us and we wrote to USCIS to get his interview re-scheduled and we were able to change the filing to a self-petition based on a marriage that was entered into in good faith but terminated due to divorce. Attorney Shaffer attended the interview with V and help him explain the situation to the USCIS officer. As a result, V’s I-751 Petition was approved without him having to re-file.

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

    Replacement I-94 Approved – A client, (hereinafter, Client “R”), who is a native and citizen of Cote d’Ivoire entered the U.S. in 1998 with a B-1 Visa. R was previously order removed in absentiain 2002, but her case was reopened in 2013 and then administratively closed. R is now married to a U.S. Citizen who is going to file a marriage petition on her behalf, but R now longer had her I-94 to prove that she was lawfully admitted to the country. Without her I-94, R would have to file an I-601A Unlawful Presence Waiver, which is never an easy task. Fortunately, we were able to get R’s I-94 so we can now file the I-130 marriage petition and once it is approved, we will file a Motion to Recalendar her case so that she can adjust her status before the Immigration Judge.

    I-797A, Notice of Action - I-102 Approval Notice

    I-485, Application to Adjust Status to a Lawful Permanent Resident Approved for Asylee – We also received an approval notice for a client, (hereinafter, “P”), who is a native and citizen of Mali. P has been waiting a long time to become a Permanent Resident!

    P initially entered the U.S. with a B-2 Visitor Visa in 1990. In 1995, P and her husband were placed into Removal Proceedings. P’s husband filed for Asylum and listed P as a rider on the application. In 1996, P’s husband withdrew his asylum application and both were granted Voluntary Departure, but they did not leave the country as promised so it was automatically converted into an Order of Removal. In 2009, P and her husband filed a Motion to Reopen that was granted by the Immigration Court. In 2012, P filed her own Asylum Application and testified at her Individual Hearing.

    Although P did not file within 1-year of her entry, the Immigration Judge (IJ) found that she qualified for an exception to the 1-year filing deadline based on changed circumstances. Specifically, a few months before filing to reopen her case, the Attorney General issued a new decision that materially affected her eligibility for asylum that did not exist prior to 1-year filing deadline and P filed within a reasonable period after the new decision was issued. However, it still was not smooth sailing for P.

    After the Individual Hearing in 2012, 3 years passed and P and her husband still had yet to receive a decision from the IJ. In addition, their previous attorney stopped taking their calls, so P and her husband decided to change attorneys and hired us.

    We filed a motion to substitute counsel and a request with the IJ to provide us with a case status update. A few months later, we received a response from the IJ with an order granting P’s application for Asylum. A year later we filed for P and her husband’s Green Cards based on their Asylee status. Although we filed both P and her husband’s Adjustment of Status applications at the same time, P’s husband’s application was granted back in September, but P’s application remained pending. P is relieved that her application was finally granted! P and her husband have 4 U.S. Citizen children and they will be able to apply for Naturalization in 2021.

    *This case is a great example of why it is so important to always stay up-to-date with new decisions, laws and country conditions as this is the main path to reopen old Orders of Removal/ Deportation. If there is a change in circumstance that would warrant reopening your case, you have to act fast! The Immigration Court will only reopen your case if you file within a “reasonable period” after the change in circumstance. There is no definition of “reasonable period,” as the IJ will look decide what is reasonable on a case-by-case basis, so it is extremely important to stay current on these matters to ensure that you do file in time.

    *This case is also shows the importance of staying on top of the Immigration Court when a decision takes too long. We have seen many cases get lost in limbo and if you do not check-in with the Court, you can wait years for a decision or even worse, a decision may never come or may have been issued and you may not even know (for example, if you move and your change of address was not properly updated in the court system). Your lawyer has a continuing obligation to you as a client to continue taking your calls and to stay on top of your case until your case is complete or your attorney’s representation officially ends through withdrawal or if you decide to change attorneys. If we did not reach out to the Immigration Court for P and her husband, there is a good chance they would still be waiting for their decision!

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

    I-485, Adjustment of Status Application Granted for Parent of U.S. Citizen –We also received an approval notice for a an Adjustment of Status Application (Green Card) (hereinafter, Client “O”), (who is a native and citizen of Mali. O’s Green Card is based on the I-130 Alien Relative Petition filed by her U.S. Citizen Son. O was previously granted Withholding of Removal by the Immigration Court. When O’s U.S. Citizen son turned age 21, her previous attorney filed a Motion to Reopen with the Immigration Court so that her son could petition for her Green Card. However, O’s previous attorney told her the wrong date for court, so she was ordered removed in absentia.

    O then hired us to file a new Motion to Reopen, this time based on ineffective assistance of counsel with the Board of Immigration Appeals (BIA). O’s attorney admitted his mistake in a response a disciplinary complaint O had filed against him. The BIA granted our motion, reversed the in absentia Order of Removal and remanded the case back to the Immigration Court. When we received the I-130 approval, we filed a Motion to Terminate O’s Removal Proceedings. The IJ granted our request and terminated the case. We then filed an Adjustment of Status application with USCIS. The application was approved and O is now happy to be a Lawful Permanent Resident!

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

    K-1 Fiancé Visa Approved – We also received an approval notice for a K-1 Fiancé Visa for a client, (hereinafter, Client “Z”), who is a naturalized U.S. Citizen, initially from Mali. Z’s fiancee is also from Mali and Z is thrilled that they can now be together. Z’s fiancee has 4 months to enter the U.S. using the K-1 Visa and then the couple have to wed within 90 days of her entry. Once they get married, Z’s fiancee will be able to file for Adjustment of Status to get her Green Card!

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

    I-485, Adjustment of Status Application Approved for Asylee – We received another approval notice for a Client, (hereinafter, Client “Y”), based on status as an Asylee. Y is also a native and citizen of Mali, but Y was not the one granted asylum. Y’s wife was the principal applicant and listed Y on the application as her spouse. Y was thus able to obtain status as an Asylee as a derivative. Y came to us after he filed the Adjustment of Status application and received a Request For Evidence (RFE) from USCIS asking for proof of his good faith marriage. In the past, USCIS never requested proof of a good faith marriage for derivative spouse Asylees, this has been a new change seen in the past year. Fortunately, Y and his wife did have plenty of joint financial evidence and other proof that they had a real marriage to submit. We prepared a nice evidence package for Y and mailed it to USCIS. Y’s application was approved shortly thereafter.

    DACA Renewal Approved – Finally, we received an approval for a Deferred Action for Childhood Arrivals (DACA) Renewal for a Client, (hereinafter, Client “T”), who is a native and citizen of Guatemala. T is extremely happy and relieved that her DACA Renewal was approved, especially in light of President Trump’s announcement to end DACA while her renewal application was pending. T’s DACA renewal will be good until 2020, but she is now married to a U.S. Citizen and the have a child together. T’s husband will be filing a marriage petition for her shortly. In the meantime, T can continue to legally work and remain in the country without fear of deportation. We look forward to assisting T and her husband in filing the marriage petition and adjustment of status application soon.

    I-797C, Notice of Action, I-821D 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, UPDATE: BIA Remands I-130 For New Decision; Immigrant Visa Approved after I-601A Waiver

    Shapiro Law Firm | Case Status Update UPDATE

    Client Re-Enters US as a Permanent Resident after Approval of Unlawful Presence Waiver and Immigrant Visa Interview Abroad – We are so happy to announce a case status update UPDATE for a client, (hereinafter, client “X”), a native and citizen of Ecuador, who recently reentered the U.S. as a Permanent Resident after initially entering the country without inspection (EWI) and remaining here unlawfully for over a decade.

    X has been married to a naturalized U.S. Citizen for almost as long as she was in the country and the pair of 4 U.S. Citizen children together. X’s husband filed an I-130 petition for his wife, that was easily approved, but X was unable to adjust her status in the U.S. because of her illegal entry. She thus had to apply for a I-601A Unlawful Presence Waiver based on the Extreme Hardship to her U.S. Citizen Spouse.

    X appeared to have a strong waiver case since she suffered from a serious brain aneryeiusm, but the catch is that the extreme hardship has to be to the U.S. Citizen relative, NOT to the immigrant. So, we had to show how the separation of X’s husband from her, in light of the fact of her serious medical conditions, was psychologically devastating to her husband and her children, amongst under factors.

    After a tense waiting period, the Waiver was approved but the work was not done! Fortunately, the I-601A Waiver only requires the immigrant to be out of the country for a few weeks (as opposed to an I-601 Waiver of Inadmissibility, which cannot be filed until the Applicant leaves the country, and then he or she has to wait outside the U.S. while the application is adjudicated, which can take over a year and there is no guarantee that it will be approved), but there is never a guarantee that the immigrant will pass the interview and be allowed to re-enter.

    X passed her interview with flying colors and is back in the U.S. legally for the first time in her life! We wish her and her family the very best and look forward to filing for her citizenship in a few years!

    Board of Immigration Appeals (BIA) Remands I-130 Immigrant Visa Petition to USCIS for New Decision After Successful Appeal of Denial – We have another case status update UPDATE to report on, for a client, (hereinafter, client “Y”), a native and citizen of The Gambia. Y’s U.S. Citizen Husband filed a Marriage Petition for Y that was denied. Y and her husband came to us after the denial, but within the time period to appeal. Y and her husband did not use an attorney initially to file or to attend the interview with them and it was clear from the denial that it should have been approved considering the denial cited “discrepancies” in interview answers that did not meet the definition of a “discrepancy” and failed to consider much of the submitted bona fide marriage evidence.

    We submitted the appeal and the Department of Homeland Security (DHS) filed a motion to remand the decision back to USCIS to re-consider the denial. The BIA agreed with us and with DHS that a remand was proper and now the case is back with USCIS and a new decision, aka an approval should be rendered shortly. As always, until we receive the physical approval notice, our fingers remain crossed!

    BIA Decision to Remand I-130 Petition

    BIA Decision to Remand I-130 Petition

    Check back next week for more Case Status Updates from the last month!

    **If you need help obtaining humanitarian parole for yourself or someone who is currently outside the United States, 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*)

    USCIS News Release: USCIS Will Continue to Accept DACA Renewal Applications Pursuant to Court Order

    USCIS News Release

    Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction

    Release Date: January 13, 2018

    Due to a Preliminary Injunction issued by a Federal Court, USCIS will resume accepting and processing DACA Renewal Applications. USCIS had abruptly ceased collecting DACA Renewal Applications after the issuance memo was rescinded by the Secretary of Homeland Security this past September. Many DACA recipients missed the October 5, 2017 deadline imposed for renewal submissions.

    The DACA program will operate just as it did prior to the rescission and USCIS will only accept applications for those who have been previously granted DACA and whose status expires on or after September 5, 2016. You can also request DACA if your status expired before September 5, 2016 or if your status was previously terminated, but you must file as an initial applicant.

    This is great news for anyone DACA beneficiaries who missed the deadline last year and who wish to remain in legal status and be allowed to legally work in the United States. Advance Parole Travel Documents for DACA Recipients still will NOT be accepted.

    For more information on the news from USCIS click here.

    If you need help filing for your DACA Renewal, 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: Approvals- Work Permits (EAD), Travel Documents, Marriage Petitions, Green Cards, Naturalization, VAWA Prima Face Case Established

    Replacement of Initial Employment Authorization Documents (EAD) for Asylum Applicant – We received an approval notice for a replacement of an initial Employment Authorization Documents (EAD) or Work Permits for a client (hereinafter “Y”), who is a native and citizen of Nigeria. Y’s work permit is based on his pending asylum application which is based on their religion. Y’s initial work permit was to his house but he never received it so he had to file for a replacement. The replacement card was mailed to our office to ensure that it was not stolen or misplaced.

    I-797, I-765- Applicant for Employment Authorization, Approval Notice

    Initial Employment Authorization Documents (EAD) & Advance Parole Travel Documents for Adjustment of Status Applicants: We received the following approval notices for Initial Work Permits (EAD) & Advance Parole Travel Documents:

    • Based on Marriage Petition – A client, (hereinafter “Z”), who is a native and citizen of Serbia. Z’s work permit and travel document eligibility is based on her pending adjustment of status application and marriage petition filed by her U.S. Citizen Spouse. Z and her husband are now waiting for their marriage interview to be scheduled so that Z can get her Conditional Green Card.

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

    I-797C, Notice of Action - I-765 Approval Notice (c)((9)

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

    • Based on VAWA Petition – A client ,(hereinafter “X”), who is a native and citizen of Jamaica. X’s EAD & Travel Document is based on her pending adjustment of status application and Violence Against Women’s Act (VAWA) petition that she filed as an abused spouse of a U.S. Citizen. X has already established a prima facie case and is now waiting for a decision on her VAWA case.

    Form I-797C, I-765- Applicant for Employment Authorization, Approval Notice

    Renewal Employment Authorization Documents (EAD: We also received the following approval notices for Work Permit (EAD) renewals:

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

    • We also received an approval notice for a renewal work permit (EAD) for a client, (hereinafter, “W”), who is a native and citizen of Mali. W’s work permit (EAD) is also based on his pending adjustment of status application and marriage petition filed by his U.S. Citizen Wife. W is also in Removal/ Deportation Proceedings as a result of entering the United States using fraud or misrepresentation. As a result, W had to file an I-601, Waiver of Inadmissibility. W was not initially in Removal Proceedings when his wife filed for him, but after receiving his EAD and Travel Document, W was driving a truck in upstate New York and missed the last exit in New York and accidentally drove into Canada. Upon his attempt to re-enter the country a few minutes later, U.S. Customs & Border Patrol (CBP) noticed the fraud and misrepresentation in the system, as W already had his marriage interview and admitted to it. As a result, he was detained and placed into Removal Proceedings.

    W’s case serves as a good lesson. Even if you are issued a Travel Document from USCIS, it is crucial you consult with an immigration lawyer BEFORE you leave the country, as the mere issuance does not mean that you are going to be allowed to re-enter the country. W did not leave the U.S. on purpose, but he certainly would have been more careful had he known the consequences (W was planning to travel abroad a few weeks after this incident occurred and would have had the same issue upon re-entry).

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

    Prima Facie Case Established for Violence Against Women’s Act (VAWA) Self-Petitioner – We also received a notice that a VAWA Prima Face Case has been Established for a client, (hereinafter “U”), a native and citizen of Mali. U filed a for a Green Card as a VAWA Self-Petitioner based on the abuse and extreme cruelty that he has suffered at the hands of his U.S. Citizen spouse (VAWA is not just for women!).

    A Prima Face Determination does not mean that U’s VAWA petition will ultimately be approved. What it does mean is that U has presented some evidence of each element of a VAWA claim to move on to the next stage of adjudication. It is a necessary first hurdle that VAWA petitioners must get over. It also allows U to apply for certain public benefits while her petition is pending, which can be very helpful for spouses who had to flee their marital home.

    Form I-797, Notice of Action - Approval Notice

    Marriage Petitions & Green Cards Approved: We also received approval notices for the following clients for marriage petitions and green cards based on marriage to U.S. Citizen spouses:

    • A client, (hereinafter, “V”), who is a native and citizen of Mali entered the U.S. in 2010 with a B-2 Visa. V’s applications were approved after he and his wife attend a Stokes Interview.

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

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

    • A client, (hereinafter, “R”), who is a native and citizen of Cote d’Ivoire entered the U.S. in 1995 with a B-2 Visa. This was R’s second marriage and second marriage petition that was filed on his behalf. R almost had a major problem due to an alien relative petition that was filed on his behalf 20 years ago by a person who alleged to be his father. At the time, R did not speak English and fell prey to a typical scam where someone offers to fill out immigration forms for you claiming you are eligible for some type of immigration benefit. Fortunately for R, at the interview, I was able to convince the USCIS officer that fraud/ misrepresentation had to be ruled out because the petitioner in this case filed as R’s father but was only 4 years older than R! Due to the impossibility, it was clear that R really was innocent with regard to the filing and he received his Green Card without the need and expense of filing an I-601 Waiver of Inadmissibility for fraud/ misrepresentation.

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

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

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

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

    • A client, (hereinafter, “Q”), who is a native of Hong Kong and citizen of Australia entered the U.S. with an E-3 Visa. Q’s marriage petition and green card were approved after her and her husband’s interview and she receive a Conditional Green Card.

    I-824, Action on an Approved Application/ Petition – We also received an approval notice for a client, (hereinafter, “P”), who is a native and citizen of Germany. P is in the U.S. and applied for a renewal of his E-2 Treaty Visa. After his E-2 renewal was approved, P had to leave the country but learned that he did not check the box on the E-2 renewal application that issued him a new E-2 Visa.

    Visas are entry documents that literally allow a person to enter the United States, whereas E-2 is a legal immigration status that allows a person to remain in the U.S. lawfully provided he or she abides by the terms and conditions of the immigration status. Even if you are in valid immigration status within the U.S., you still need a physical visa based on that status to re-enter the country in that immigration status. Many people are unaware of this and fail to request a physical Visa upon renewal.

    So, P came to us for help and we filed an application with USCIS to transfer his approval to the U.S Consulate abroad where a new Visa was issued in his name. Now, if P has to leave the country, he can go to the U.S. Consulate in Frankfurt, Germany to pick up his new E-2 Visa (within the validity dates) and re-enter the country without a problem. P’s case presents another great example of how complicated immigration filings are and why it is highly recommended to contact an experienced immigration attorney before spending time and money on filings!

    I-797, Notice of Action - I-824 Approval Notice

    N-400, Application for Naturalization Approved – Finally, we received an approval notice for a Naturalization Application for a client, (hereinafter, “O”), who is a native and citizen of Montserrat. O received his Green Card based on an Alien Relative Petition filed by his Parents. O is now a proud U.S. Citizen!

    I-797C, Notice of Action - Naturalization Oath Ceremony Letter

    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*)

    WYRWTK | Episode #17 | Violence Against Women Act (VAWA) – Who is Eligible & What are the Requirements?

    Transcript: Hi, I am Attorney Shaffer. Today on “What You Really Want to Know” we take a look at who is eligible to get a green card through the Violence Against Women’s Act, also known as VAWA and what are the requirements to apply.

    If you do not have a Green Card and you, or your child, were battered or abused by certain U.S Citizens, (“USC”), or Lawful Permanent Residents, (“LPR”), relatives, you may be eligible to file a Violence Against Women’s Act or VAWA petition. Despite the name, both men and women can apply for VAWA. Just like a marriage petition, a VAWA petition can be filed concurrently with the application to adjust status, which is the application to get you a Green Card. Unlike a marriage petition, you may still be eligible to file for VAWA and a Green Card even if you entered the country unlawfully, without the need for a waiver.

    So what are the requirements to apply for VAWA? There are several.

    1. You have a qualifying relationship with an abusive USC or LPR. There are 3 categories of qualifying relationships: spouse, child and parent.

      • To file as a child:

        • You have to be under age 21, however you can file up to age 25, if the abuse caused the delay in filing;

        • You must be unmarried, and;

        • You must have been abused by a USC or LPR parent

      • To file as a Parent:

        • You must have a USC son or daughter;

        • You must have been subject to abuse by your USC son or daughter, and;

        • Your USC son or daughter must be age 21 or over when you file the petition.

      • And finally, to file as a Spouse of an abusive USC or LPR:

        • You have to either be currently married to the abusive spouse, OR;

        • Previously married to the abusive spouse. If you are no longer married to your abuser and your marriage was terminated by death or a divorce, you have 2 years from the date of the death or divorce to file the VAWA petition. In addition, if it was terminated due to divorce, the divorce must had to have been based on abuse.

    2. You must have lived with your abusive spouse, parent or child at some point for some period of time;

    3. You are a person of good moral character.

    4. Extreme Cruelty/ battery – In general, you have to have been the one who suffered battery/extreme cruelty by your USC or LPR relative, with one exception. If you are filing as an abused spouse, you can file based on the abuse your child suffered at the hands of your spouse, even if you personally were not the subject of the abuse, and;

    5. The final factor only applies if you are filing in the spouse or child category. If you are filing as an abused spouse or child, then you also have to show that either yourself or your parent entered into the marriage in good faith, and not solely to obtain an immigration benefit.

    VAWA petitions are challenging due to the lack of available evidence. A lot of VAWA petitioners, unfortunately, are forced to run away from their marital home and either are unaware of the evidentiary requirements or are unable to preserve many of the key pieces of evidence needed to establish this eligibility. This is why it is essential to have an experienced VAWA lawyer assist you in the process, as we can ensure that you give yourself the best opportunity, the best chance possible to present your case and help you locate and obtain all of the necessary evidence.

    VAWA petitions are sensitive in nature. The facts that lead someone to need to file one of these petitions are often upsetting, overwhelming and emotional. Many victims of abusive domestic relationship are unaware that they are even victims. In fact, many cases in our office for VAWA start when a client first comes into us because they are in the country unlawfully and either their marriage is on the rocks and there has been no marriage petition filed yet or the marriage petition before their marriage started to go bad and now they are worried because if they leave their spouse that will mean they will need to leave the US and most likely their chances of ever obtaining legal status in the US is looking like slim to none at that point. But after a brief discussion with many of these clients we a determine that the client is actually being abused. And we are able to determine this relatively quickly because abusive domestic relationships generally follow a similar pattern and display similar red flags. In these cases, our first concern is our client’s safety and we ensure this before we dive into any immigration matters. We first will discuss with the client what steps he or she should take to protect himself or herself. Depending on the circumstances, we have advised clients to do everything from immediately, that second, calling the police, to going to family court to file for an order of protection, leaving the marital residence for good, as well as many other precautionary measures. Once we know our client is safe, we will determine his or her eligibility to file a VAWA petition.

    The important thing to know is that you are NOT alone and your abuser will NOT be notified if you file a VAWA petition. If you think that you may be eligible for VAWA or you afraid for you or a family members’ safety, contact us today for help.

    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**

    Case Status Update: Work Permits (EAD) Approvals, VAWA Prima Face Case Established, DHS Agrees to Remand I-130 Denial

    Replacement of Initial Employment Authorization Documents (EAD) for Asylum Applicant – We received the following approval notices for a replacement of an initial Employment Authorization Documents (EAD) or Work Permits for a client (hereinafter “Y”), who is a native and citizen of Nigeria. Y is a rider on his father’s asylum application which is based on their religion. Y’s initial work permit was to her house but she never received it so she had to file for a replacement. The replacement card will be mailed to our office to ensure that it is not stolen or misplaced.

    I-797, I-765- Applicant for Employment Authorization, Approval Notice

    Initial Employment Authorization Documents (EAD) for Asylum Applicant – A client (hereinafter “Z”) is also a native and citizen of Nigeria. Z is a rider on his mother’s asylum application that is also based on religion. This is Z’s initial work permit. He and his family are awaiting their interview with the Asylum Office.

    Form I-797C, I-765- Applicant for Employment Authorization, Approval Notice

    Renewal Employment Authorization Documents (EAD: We also received the following approval notices for Work Permit (EAD) renewals:

    • A client, (hereinafter, “X”), who is a native of United Arab Emirates and citizen of Pakistan. X’s work permit is based on her pending asylum application. X is currently waiting for her first hearing before the Immigration Judge. Her work permit is valid for 2 years.

    Form I-797C, I-765 Approval Notice

    • We also received an approval notice for a renewal work permit (EAD) for a client, (hereinafter, “W”), who is a native and citizen of Grenada. W’s work permit (EAD) is based on her pending adjustment of status application and marriage petition filed by her U.S. Citizen Husband. W and her husband came to us a few months ago because they did not initially use a lawyer to file their applications and it had been over a year since their marriage interview with USCIS, yet they had received no further communications from the government. We have since sent a case status inquiry letter to USCIS and are awaiting a response to find out what the hold up is. We are confident that we will receive a response from USCIS soon. In the meantime, W can continue to legally work while she waits.

    Form I-797C, I-765 Approval Notice

    • Finally, we received an approval notice for a work permit renewal for a client, (hereinafter “V”), a native and citizen of Mali. V’s work permit is based on her grant of Withholding of Removal.V is required to renew her work permit every year to legally work in the United States.

    Form I-797C, I-765 Approval Notice

    Prima Facie Case Established for Violence Against Women’s Act (VAWA) Self-Petitioner – We also received a notice that a VAWA Prima Face Case has been Established for a client, (hereinafter “U”), a native and citizen of Jamaica. U filed a for a Green Card as a VAWA Self-Petitioner based on the abuse and extreme cruelty that she has suffered at the hands of her U.S. Citizen spouse.

    A Prima Face Determination does not mean that U’s VAWA petition will ultimately be approved. What it does mean is that U has presented some evidence of each element of a VAWA claim to move on to the next stage of adjudication. It is a necessary first hurdle that VAWA petitioners must get over. It also allows U to apply for certain public benefits while her petition is pending, which can be very helpful for spouses who had to flee their marital home.

    Form I-797C, I-130 Approval Notice for Unmarried Child of U.S. Citizen

    I-130 Marriage Petition Appeal of Denial – Department of Homeland Security (DHS) Agrees Case Needs to Be Reversed & Remanded – Finally, we received an excellent response to our appeal of the denial of an I-130 marriage petition for a client, (hereinafter “T”), who is a native and citizen of The Gambia.

    T married her husband, a Naturalized U.S. Citizen, in March of 2014. T and her husband have 1 U.S. Citizen Child together. T’s husband filed a marriage petition on T’s behalf about a year after getting married. After filing, T and her husband attended 2 interviews with USCIS, the second of which was a Stokes Interview in January of 2016. They did not use an attorney for the filings or to attend the interviews with them.

    In September of 2016, USCIS sent a Notice of Decision (NOD) denying the I-130 stating that they did not believe the marriage was real. The NOD based the denial on discrepancies between the answers of T and her husband during their interview and a lack of financial documentation. T and her husband were given 30 days to appeal this decision or it would become final. That is when T and her husband came to our office. Upon review of the NOD, it was clear that USCIS made factual and legal errors in makings its decision. USCIS is required to list each question where there was a discrepancy between the 2 answers and what each person answered. Although we were not at the interview, I was able to tell there were errors before I asked my clients to explain the divergent responses. The NOD also is required to list all of the documents submitted in support of the good faith marriage. The NOD only listed two items, but our clients submitted at least 8 separate types of documents as proof that their marriage is real.

    It is very common for a client to come to us at this point in the process looking to appeal in the decision. If you do not appeal, you can always refile and try again. Of course there are risks involved if you have to re-file, but appeals are very hard to win and very expensive so in most cases they do not make sense. We will not agree to file appeals for clients if we do not think we will. Because of this approach, we have never had an appeal that we filed denied. Ultimately, if your appeal is denied, although you can re-file, you have just wasted a lot of time and a lot of money. That is why were are very honest with our clients about the likelihood of success of these appeals and will only do it if there clear errors were made.

    So, after a little more than a year, we finally received a response from the Associate Counsel of USCIS who agreed with us! Now, the appeal is with the Board of Immigration Appeals (BIA) who must officially remand it back to USCIS so that USCIS can reverse its’ decision and approve the marriage petition. We hope to have the case back with USCIS soon so that the marriage petition can be approved and T can reopen her Green Card application.

    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: Work Permits (EAD), Travel Documents, Alien Relative Petition, Naturalization, Removal Proceedings Terminated Based on Approved I-751 Self-Petition

    Initial Employment Authorization Documents (EAD) for Asylum Applicants –We received the following approval notices for initial Employment Authorization Documents (EAD) or Work Permits for the following Asylum applicants:

    • A client (hereinafter, “X”), who is a native and citizen of Singapore. X’s asylum claim is based on her sexual orientation.

    I-797, I-765- Applicant for Employment Authorization, Approval Notice

    • A client (hereinafter “Y”), who is a native and citizen of Nigeria. Y is a rider on his father’s asylum application which is based on their religion.

    I-797, I-765- Applicant for Employment Authorization, Approval Notice

    • A client (hereinafter “Z”), a native and citizen of Mali. Z’s asylum claim is based on her membership in a particular social group relating to the practice of Female Genital Mutilation.

    Form I-797C, I-765- Applicant for Employment Authorization, Approval Notice

    Initial Employment Authorization Documents (EAD) & Advance Parole Travel Documents for Adjustment of Status Applicants (Based on Marriage to U.S. Citizen)- We also received the following approval notices for Work Permits (EAD) and Advance Parole Travel Documents based on pending marriage-based Adjustment of Status applications.

    • A client who is a native and citizen of Brazil:

    Form I-797C, I-765 Approval Notice

    Form I-797C, I-131 Approval Notice

    • A client who is a native and citizen of Nigeria:

    Form I-797C, I-765 Approval Notice

    Form I-797C, I-131 Approval Notice

    • Finally, we received approval notices for a client, (hereinafter “W”), a native and citizen of Guyana who married a Lawful Permanent Resident. W’s wife filed an I-130 Marriage Petition on his behalf and it was approved in 2015, but a visa number was not immediately available for W so he had to wait to file his Green Card application. In May of 2017, W’s wife became a Naturalized U.S. Citizen, bumping W up to the category of an Immediate Relative of a U.S. Citizen, and thus a visa number was now available for him and he filed the Green Card application, along with the applications for a work permit and travel document based on the pending adjustment application.

    Form I-797C, I-765 Approval Notice

    Form I-797C, I-131 Approval Notice

    All of our adjustment applicants can now legally work and travel abroad while they wait for their Green Card interview.

    Work Permit (EAD) Renewal Approved based on Order of Supervision (OOS) – We also received an approval notice for a work permit renewal based on an Order of Supervision for a client, (hereinafter, “U”), a native and citizen of Mali. U was ordered removed back in 1997 but never departed in the country. In 2012, DHS started requiring that U periodically appear at an ICE office to check-in with them for what is known as an Order of Supervision (OOS). So long as U does not decide to detain and deport U he is allowed to renew his work permit every year.

    Form I-797C, I-765 Approval Notice

    Work Permit (EAD) Renewal Approved Based on Deferral of Removal – We also received an approval for a renewal for permit for our client, (hereinafter “T”), a native and citizen of Cote d’Ivoire (Ivory Coast). T’s work permit is based on his grant of Deferral of Removal. This means that T is permit to reside in the United States permanently and renew his work permit every year, but he does have an Oder of Removal and does not have a path to a Green Card. If T becomes eligible for a Green Card through an alternative means, such as marriage to a U.S. Citizen, we can file a Motion to Reopen his case with the Immigration Court based on the new relief available. Regardless, T can legally remain and work here for the rest of his life.

    Form I-797C, I-765 Approval Notice

    I-130 Alien Relative Petition Approved for Stepchild of U.S. Citizen – We also received an approval notice for an Alien Relative Petition for our client, (hereinafter “S”), a U.S. Citizen who filed for her Stepson, a native and citizen of Albania. S previously filed an Alien Relative Petition for her husband that was approved in 2015, but did not include her Stepson, a minor child, on the petition as well. She thus had to file a separate petition on his behalf. Now that the I-130 was approved, S and her Stepson will wait for the approval notice to be transferred to the National Visa Center where S’s Stepson will begin the Immigrant Visa process. Once he obtains his immigrant visa, he will be able to enter the United States as a Lawful Permanent Resident.

    Form I-797C, I-130 Approval Notice for Unmarried Child of U.S. Citizen

    Naturalization Application Approved – Last week, Attorney Shaffer accompanied our client, (hereinafter “R”), a native and citizen of Japan, to her Naturalization interview. T passed the English & Civics test with flying colors and was approved for Citizenship! This is T’s second attempt at applying for citizenship, her first using a lawyer, and is a textbook example of how different things can go when you do not use a lawyer for your immigration filings. T’s application was not denied because she was ineligible or lacked bad moral character, but based solely on the unstated discretion of her interviewing Officer. When T first came to us, she walked us through the interview and it was immediately clear that he was asking her inappropriate and irrelevant questions and was aggressive and abrasive towards her from the moment she began the interview. It was apparent that he was set out to deny her case from the beginning. The interview this week with Attorney Shaffer by her side was the polar opposite, despite submitting a nearly identical application. The interviewing officer this time stuck to the questions on the application, was very nice to T and granted her naturalization within 15 minutes of stepping not the room.

    No, it is not supposed to be like this. It is not supposed to matter whether or not you use an attorney to represent you in your filing and/ or at your interview. Unfortunately, however, this is not the first horror story that we have heard and there does appear to be a double standard. The bottom line: do yourself a favor and hire a lawyer. Of course we always recommend this considering how complicated the immigration laws are. There is no such thing as a straight-forward immigration filing. Even a person with no criminal history or negative factors can run into problems as a result of mistake, confusion or USCIS error. A minor typographical error can turn into unruly delays in processing your application and even denials.

    But if you need any more convincing to hire a lawyer to represent you in your immigration matter, let T’s experience be a lesson for you- right or wrong, USCIS interviews tend to be more amicable, less stressful and result in more favorable outcomes when an attorney prepares the filing and is present at the interview. When you have an experienced immigration attorney at The Shapiro Law Firm, LLC, representing you, it is like having a teammate referee the game. We ensure that you are treated fairly, are given the best opportunity to get approved and we are silently cheering you on the whole time!

    Motion to Terminate Granted Based on Approved I-751 Petitions to Remove Conditions on Residence for Abused Spouse of U.S. Citizen and Her Son- Finally, the Immigration Judge granted our Motion to Terminate Removal Proceedings for our clients, natives and citizens of Jamaica, (hereinafter “Q” and “P”).Q & P obtained their Conditional Residence based on Q’s marriage to a U.S. Citizen. After she filed the I-751 Petition, her Spouse became very abusive, forcing her to obtain an Order of Protection from Family Court and file for Divorce. Her first I-751 was denied as it was filed jointly and her husband withheld the mail from her. Q and P did not even know about the denial until they are issued a Notice to Appear in Immigration Court. We then filed a new I-751 Petition for both her and her son, based on a marriage that was entered into in good faith but ended because of the U.S. Citizen’s abuse. After the I-751 was approved, we filed a Motion to Terminate with the Immigration Court and that Motion was Granted.

    As a result, Q and P both have their 10-year Green Cards, and since their time as Permanent Residents now dates back to the date they initially received the Conditional Green Cards, they are already eligible for Citizenship! We plan to file for Q and P’s Citizenship in the new year. Q is thrilled that for the first time in years she can travel back to Jamaica to see her family and return to the U.S. without any concern.

    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*)

    News Release: Temporary Protected Status (TPS) – Haiti to terminate on July 22, 2019

    Breaking News Release from USCIS - Haiti TPS

    Acting Secretary Elaine Duke Announcement on Temporary Protected Status for Haiti

    Release Date: November 20, 2017

    Temporary Protected Status (TPS)HondurasWASHINGTON— In accordance with the recent decisions to terminate TPS for Honduras, Nicaragua and Sudan, Acting Secretary of Homeland Security Elaine Duke has now announced that the TPS designation for Haiti will be terminated on July 22, 2019. This decision was made after an inter-agency consultation process determined that the conditions following the 2010 earthquake in Haiti that gave rise to the TPS designation no longer exists. DHS elected to delay the termination of TPS designation for Haiti for 18 months to allow for an smooth transition so that Haitians eligible for legal status can apply for it and everyone else can make arrangements to go come.

    If you currently hold TPS from a Haiti or another country slated to lose TPS designation, you will be required to leave the country or begin the process of obtaining legal immgiration status, if you are eligible, on or before the TPS termination date. Contact us today to help you determine if you have a path to legal immigration status.

    Click here for the full press release from DHS.

    **If you have questions about your eligibility for TPS and/ or are looking to file, contact an experienced immigration attorney at The Shapiro Law Firm, LLC, today.**

    WYRWTK | Episode #16 | Am I eligible for Cancellation of Removal? If so, how do I apply?

    Transcript: Hi, I am Attorney Shapiro, today on “What You Really Want to Know,” we answer the question, “Am I eligible for Cancellation of Removal, and if so, how do I apply for it?”

    The answer is, it depends!! There are 2 types of cancellation of removal- one is for permanent residents and the other is for non-permanent residents. Today’s episode will focus on non-permanent resident cancellation of removal. This category applies to people who do not have a Green Card. You may be out of status or have never had legal status at all in the United States, such as a person who entered the country unlawfully.

    Cancellation of Removal is a form of relief from removal. If it is granted, you will be able to get a Green Card. So in order to apply, you must be in removal/ deportation proceedings. These proceedings are initiated by the Department of Homeland Security (DHS) by serving you with a Notice to Appear in Immigration Court.

    Once you are in Removal Proceedings, if you are eligible for cancellation of removal, you will then file the application with USCIS and then serve copies of the application on the Immigration Judge and DHS along with the supporting evidence. The Immigration Judge will then schedule you for an individual hearing where you will present your evidence and testify regarding your eligibility for each factor.

    To be eligible for cancellation of removal for non-permanent residents, you must be able to prove all of the following:

    1. That you have continuously resided in the United States for at least 10 years. The 10 years is measured from the date of your entry until DHS issues you a Notice to Appear (with some exceptions*);

    2. You have a qualifying U.S. Citizen or Lawful Permanent Resident relative – this can be a spouse, parent or child under the age of 21;

    3. Your qualifying relative will suffer an exceptional and extremely unusual hardship if you are ordered removed from the United States;

    4. You have no criminal convictions that render you inadmissible or deportable, and;

    5. That you are a person of good moral character and that your case warrants a favorable exercise of discretion.

    Convincing the Immigration Judge to grant your application for cancellation of removal requires a lot of hard work and strong evidence. The fact that you have been here over 10 years and have U.S. Citizen children who have never been to your country will not suffice! The hardest requirement to meet is the exceptional and extremely unusual hardship to your U.S. citizen relative, which requires you to prove that your relative will suffer a hardship above and beyond that which the average qualifying relative would suffer, and that they will suffer this hardship if they remain in the United States without you AND if they leave the country with you.

    Before we file cancellation of removal applications for clients, we ensure that he or she meets all of the eligibility requirements and can present a strong case to the Immigration Judge. If you think that you may be eligible or are in removal proceedings and need help to determine what relief for removal is available to you, contact us today.

    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**