Case Status Updates: Attorney Shaffer goes 2 for 2: Helps 2 Clients Win Their Asylum Cases in Immigration Court on the Same Day.

Yesterday, Attorney Shaffer helped 2 more clients win their Asylum cases in Immigration Court.

Morning Case: In the first case of the day, Attorney Shaffer represented a client who is a citizen and national of Sierra Leone, (hereinafter, Client “X”). X entered the United States in January of 2013 with a B-2 Visitor Visa and applied for Asylum within 1 year of her entry. X filed for Asylum because she was subject to Female Genital Mutilation (FGM) when she was a young girl. FGM is a recognized form of persecution by the United Nations and the United States, including the Board of Immigration Appeals (BIA).

In the precedential case, Matter of A-T-, the BIA determined that FGM was so atrocious and harmful to victims, that a finding of past persecution gives rise to a reasonable fear of future persecution. In other words, generally for one to be eligible for asylum, she must show that she was subject to past persecution AND that she has a reasonable fear of future persecution. However, for claims involving FGM, the applicant does not have to prove that she will be subject to FGM in the future.

Despite the fact that X had a strong Asylum claim, her case was not granted at her initial interview at the Asylum Office so her case was referred to Immigration Court. According to the interviewing Asylum Officer, although X credibly testified that she was a victim of past persecution and thus fit the definition of a Refugee, her Asylum application could not be granted because there was a fundamental change in circumstances in that X would not be harmed if she returned to Sierra Leone. This is an incorrect application of the law, but you cannot appeal the decision of the Asylum Office, instead you are given a second chance to prove your case in Immigration Court.

At the hearing, X once again credibly testified to the horrific procedure that was performed on her as a young girl. After a short hearing, the Immigration Judge granted her Asylum!

Afternoon Case: In the afternoon, Attorney Shaffer represented a client who is a citizen and national of The Gambia, (hereinafter, Client “Y”). Y entered the United States in January of 2011 with a B-2 Visitor Visa but missed the 1 -Year filing deadline for asylum, filing approximately 10 months late. Y’s Asylum claim was also based on the fact that she was subject to FGM back home, but Y’s case was not initially approved due to her untimely filing. As such, the main issue litigated in Y’s case was whether or not she was eligible for an exception to the 1-Year filing deadline.

In order to be eligible for an exception to the 1-Year filing deadline, the applicant must prove that there was either a fundamental change in circumstance or that the late filing was a result of extraordinary circumstances. The applicant must also prove that she filed within a reasonable period of time.

Y qualified for the exceptional circumstance filing exception. The two FGM procedures performed on Y as a baby caused her to suffer numerous complications, including severe stomach pains and infertility. About 8 months after entering the United States, Y underwent surgery to remove uterine fibroids. Unfortunately, although the fibroids were removed, Y’s pain did not subsist and she continued to suffer everyday, preventing her from engaging in daily routine activities. Y returned to the emergency room several times in the year following her surgery. Y finally applied for Asylum in October 2012, about 1 year and 10 months after first entered the United States, when she finally felt well enough to go out and find a lawyer. Unfortunately, even after she filed for Asylum, she continued to suffer the same pain and discomfort, forcing her to return to the emergency room several more times over the next few years. Y ended up needing a second surgery to remove more fibroids. The first surgery was so traumatic, Y spent almost 3 years in severe pain before she had the courage to go through with the second surgery.

At the hearing, the Immigration Judge had no doubt that Y’s illness qualified as an exceptional circumstance. The issue was whether a reasonable person who was similarly situated would have filed the application earlier. After explaining to the court that she could not even work for almost 10 months after her first surgery, the court found that Y’s delay in filing was reasonable and granted her Asylum!

Now that X and Y have been granted Asylum, they both will be able to file for Green Cards in 1-Year from today. Congratulations!

If you are thinking about filing for Asylum or if you in Removal/ Deportation Proceedings , contact an experienced immigration attorney at The Shapiro Law Firm today to find out if you are eligible and what your options are.

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

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

#ImmigrationWatch2017

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

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

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

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

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

USCIS News Release: Civics Test Answer Updates (For Naturalization Test)

Civics Test Answer Updates

USCIS News Release

If you are preparing for your Naturalization test to become a U.S. Citizen, make sure you are studying the correct answers! A new President means other new changes in the U.S. government as well. Below is a list of questions whose answers may have changed:

Who is one of your state’s current U.S. Senators?
- Answer: The answer to this question may have changed on January 3, 2017, when the 115th Congress began to meet. For a list of current members of the U.S. Senate, click here.

Name your current U.S. Representative.
- Answer: The answer to this question may have changed on January 3, 2017, when the 115th Congress began to meet. For a list of current members of the U.S. House of Representatives, click here.

What is the name of the President of the United States now?
- Answer: Donald J. Trump/ Donald Trump/ Trump

What is the name of the Vice President of the United States now?
- Answer: Michael R. Pence/ Mike Pence/ Trump

Who is the current Governor of your state?
- Answer: The answer to this question may have changed depending on inauguration dates. For a list of current governors, click here.

What is the political party of the President now?
- Answer: Republican Party

Best of Luck on your Naturalization Civics Test!

Are you eligible for U.S. Citizenship? Need help filing? 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 Updates: DACA Renewal Approval, Work Permit & Travel Document Approval

DACA Renewal Approval: Another DACA renewal granted to a client who is a native and citizen of Chile, (hereinafter, client “X”). X entered the United States with a B-2 Visitor Visa when she was only 6-years-old in May of 2000.

We received X’s DACA renewal approval on Friday, shortly after President Trump was inaugurated. President Trump has vowed to repeal DACA immediately upon taking office. Since he won the election, Trump has softened his stance on DACA, with his staff recently hinting that Trump now has no immediate plans to repeal the executive order. For now, it seems that X and the approximately 700,000 other DACA beneficiaries will be able to keep their status and continue to use their work permits to work in the country legally.

We will continue to monitor President Trump and his administration on this issue,

Work Permit & Travel Document Approval: Another Work Permit & Advance Parole Travel Document approved for a client who is a native and citizen of Spain (hereinafter, “Y”). Y’s EAD and Travel Document is based on her pending marriage petition and Green Card application. Y is married to a U.S. Citizen.

Y and her husband came to us after hiring a lawyer who does not practice immigration law to assist them in their filings. When nothing was happening and their lawyer had no answers for them, they became concerned and began searching for a new lawyer who was more familiar with this area of law. Fortunately, they found The Shapiro Law Firm, hired us, and we immediately determined that their previous attorney failed to file 3 of the required applications for a Green Card! We immediately assisted them in their filings and got their process back on track.

While they wait for the Green Card approval, Y and her husband look forward to being able to visit Y’s family in Spain now that she has a valid travel document.

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

What You Really Want to Know | Episode #7 | What Happens at an Individual (Merits) Hearing?

Transcript: Hi, I am Attorney Shapiro, today on “What You Really Want To Know,” we answer the question, “What happens at an Individual Hearing?”

An Individual or Merits hearing is a type of hearing that is heard in Immigration Court.

Unlike the shorter Master Calendar Hearing that I discussed in Episode #2, an Individual Hearing can take hours, or even days to complete and is closed to the public.

This is the type of hearing where evidence is introduced, you will be questioned by both your attorney and the attorney for the Department of Homeland Security, and both attorneys will give opening and closing statements. If you have any witnesses, those witnesses will also testify at the hearing.

This hearing is similar a criminal trial, except there is no jury, The judge will make all decisions regarding your case.

This is your time to shine and to show the Immigration Judge that you are eligible for the relief sought and that your case warrants a favorable exercise of discretion. At the end of the hearing, the Immigration Judge will decide whether to grant or to deny your applications for relief or whether to order you removed. You will either receive a decision in court that day, or the Immigration Judge will send the decision in the mail.

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

If you are in Removal/ Deportation Proceedings and need an experienced Immigration Attorney to represent you, contact us IMMEDIATELY for the help you deserve!

**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**

News Release: Temporary Protected Status Extended for Somalia

Breaking News Release from USCIS

DHS Announces Temporary Protected Status (TPS) Extended for Somalia

Release Date: January 17, 2017

WASHINGTON— Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Somalia (and eligible individuals without nationality who last habitually resided in Somalia) for an additional 18 months, effective March 18, 2017, through Sept. 17, 2018.

Click here for the full press release, including who is eligible to file for TPS and the filing period, from USCIS.

**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.**

Case Status Updates: Final Order of Support Entered in Queens County Family Court

Final Order of Child Support: Earlier this week, Attorney Shaffer successfully obtained a Final Order of Support from the Support Magistrate at the Queens County Family Court. Our client, (hereinafter, “X”), and his ex-wife, (hereinafter, “Y”), were initially divorced in 2008.

The divorce decree awarded primary physical custody of the couple’s 2 daughters to Y with liberal visitation rights to X and ordered X to pay monthly child support. After falling on hard times, Y asked X to takeover as the primary custodial parent of the 2 girls. X was happy to oblige but informed Y that they needed to go back to court to modify the existing orders.

At the first Court hearing, Y changed her mind and told the Judge that she was not willing to give up physical custody of her daughters, as often happens when a mother faces the reality of losing unfettered access to her children. The main problem was, Y did not have a place for the 2 girls to sleep, as she shared a one-bedroom apartment with another female and was told by the landlord that the girls had to go. In addition, Y’s life was in shambles and she needed to get her act together and find a job. Y was appointed an attorney and the case was adjourned to another date.

Attorney Shaffer explained the reality of the situation to Y’s attorney, who was able to convince his client to agree to the change in child custody as it was in the best interests of her daughters (who at this point were happily living with Dad for almost a year). Accordingly, the Judge incorporated the settlement agreement into the Final Order, Modifying the original child custody/ visitation agreement. The new order stated that Dad was the Primary Custodial Parent and Mom had liberal visitation rights.

We still had a problem, however, because a Court Order still existed that required Dad (as the non-custodial parent) to continue to pay over $1,000/mo. to Mom in Child Support. Even though there was a new custody order, a separate petition had to be filed to terminate the existing child support order and then another petition had to be filed to ask the court to enter a new child support order! Court Procedural rules are strict and numerous!

We successfully petitioned to the court to terminate the old child support order based on the fact that Dad was now the custodial parent, and thus by law he should not be paying any money to the non-custodial parent.

In light of the fact that Y would not be required to pay more than the statutory minimum of $25/mo. per child, and to avoid the time and expense of a formal court proceeding, X thought it would be based to enter into a formal written agreement with Y stating that she owed him the minimum to allow her the chance to pay him indirectly, without an income withholding order, and if X needed to go back to court to have the agreement entered on the record, it gave him an easier path by filing a Petition for an Order on Consent, as opposed to a general Petition for Child Support.

The path did prove easier, but both X and Y were still required to provide financial disclosure affidavits and documents to the Support Magistrate before she would enter the final order. Ultimately, it all worked out for the best and there is non a Court Order directing Y to pay X child support in support of their 2 daughters.

An important lesson to be learned here: X’s income was significantly higher than Y’s so X was never too concerned about collecting money from Y. He only filed in Court for a Child Support Order after Y repeatedly failed to pay him any child support. Both parties to a Child Support Proceeding should always bear in mind that the reason the non-custodial parent should pay his or her fair share of support has nothing to do with the parents, it has to with the children involved. Even if you are a billionaire and do not need the support money, you should still collect and put it to use for your children by starting a savings or a college fund for him or her. Even if the child support is the minimum amount, after 18 years, your child will have a nice college fund waiting for him or her!

**If you have need help with child support/custody/visitation/divorce, contact an experienced family attorney at The Shapiro Law Firm, LLC, for help!**

(*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: DHS Changes Policies Regarding Parole and Expedited Removal of Cuban Nationals

Breaking News Release from DHS About Cuba Nationals Seeking Parole

DHS Announces 18-Month Redesignation and Extension of Temporary Protected Status for Yemen

Release Date: January 12, 2017

WASHINGTON- Today, Secretary of Homeland Security Jeh Johnson announced several changes to Department of Homeland Security (DHS) policies and regulations affecting Cuban nationals. These changes reflect the reestablishment of full diplomatic relations with Cuba and other concrete steps toward the normalization of U.S.-Cuba relations.

Main Policy Changes:

– Elimination of special parole for Cubans known as “wet-foot/dry-foot” policy

– Elimination of the Cuban Medical Profession Parole Program

– Elimination of prohibition on instituting expedite removal procedures against Cubans apprehended at ports of entry or near the border

Click here for more details and the Fact Sheet released by DHS to explain the aforementioned policy changes.

**Questions about these policy changes? Contact an experienced immigration attorney at The Shapiro Law Firm, LLC, today.**

What You Really Want to Know | Episode #6 | I am outside the United States and would like to visit a U.S. Citizen or Lawful Permanent Resident, how do I do this?

Transcript: Hi, this is Attorney Shaffer, today on “What You Really Want to Know,” we answer the question “I am outside the United States and would like to visit a U.S. Citizen or Lawful Permanent Resident, how do I do this?”

To answer your question, we’re going to break it down into 6 simple steps:

Step 1: Contact an experienced attorney at The Shapiro Law Firm to ensure that you are eligible to apply and get your visa process started off on the right foot.

Step 2: Have your U.S. Citizen or Lawful Permanent Resident friend write a letter to you, inviting you to come stay with him or her in the United States during your visit.

Step 3: Gather Evidence to prove your nonimmigrant intent. This means that you are going to need to show the US government that you plan to come to the United States, visit your friend or family member and then go back home.

Step 4: Prepare your applications and evidence package and submit it to your local U.S. Embassy or Consulate abroad.

Step 5: Attend your scheduled interview at your local U.S. Embassy or Consulate and answer all questions asked truthfully.

Step 6: Receive your nonimmigrant visitor visa, fly to the United States, and do not forget to stop by 11 Broadway to say hi!

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

If you would like to visit the United States or if you are a U.S. Citizen or Permanent Resident and would like to have someone visit you, contact us today for more information in getting the process started.

**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 Updates: Client scheduled for Individual (Merits) Asylum Hearing

Asylum Hearing Scheduled: Last week, Attorney Shaffer attended a Master Calendar Hearing with a client who is a native and citizen of Sri Lanka, (hereinafter, Client “X”). X entered the United States in November of 2013 on a C1 Crewman Visa after he fled his native Sri Lanka. X was being targeted by the government because his employer was caught helping other Sri Lankans seek refugee in Australia. Due to his affiliation with his employer, the government assumed that X was involved, arrested X and detained, interrogated and tortured him for days. X was fortunately released after a substantial sum was paid to authorities by his family. Shortly after, X’s family helped him find a job aboard another vessel that was sailing to the United States. X applied for asylum within one year of his entry into this country, but did not use the help of an attorney to file his initial application and failed to include key pieces of evidence, including country conditions.

X has a strong asylum case and he looks forward to credibly testifying about his claim at his full hearing scheduled for the end of 2017. In the meantime, X is able to legally remain and work in the U.S. with a valid work permit.

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