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- 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- 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):

Based on Pending Asylum Application:
- Native and Citizen of Kenya:

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:
- Native and Citizen of Sierra Leone

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.
- Native and citizen of Indonesia

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!

(*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!

(*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: H-1B+ Dependents, I-130s, DACA Renewal, I-751, VAWA Green Card

A long overdue case status update! The Shapiro Law Firm has been very busy over the last couple of months and the approval notices have piled up! This means lots of happy clients! Here is a rundown of the latest approval notices that we have received:

H-1B Renewal & H-4 Dependents Approvals – First up is an approval notice for an H-1B (and H-4) renewal. The employer is a successful tech company and the employee, (hereinafter “X”) is a native and citizen of France. X is been in the U.S. with his wife (a native and citizen of Vietnam) and his two sons (one is also a native and citizen of France and his other son was born in the U.S. this year).

We also filed for a foreign labor certification for X that was approved earlier this year. Now that X’s H-1B renewal is approved, X and his employer can focus on filing the Immigrant Visa Petition for an Alien Worker so that X can concurrently file for his employment-based Green Card. If X or his employer choose not to pursue the Green Card, X will not be able to renew his H-1B again (you can be in the U.S. for a maximum of 6-years as an H-1B Visa Holder) and will have to leave the country when his H-1B expires in a few years. X’s H-1B Renewal Petition was not subject to the annual H-1B cap.

I-797C, I-129 Petition for a Nonimmigrant Worker Approval Notice

I-797C, I-539 - Application to Extend/Change Nonimmigrant Status Approval Notice

Petition to Remove Conditions on Residency for Abused Spouse and Son Approved – Next is an approval notice for an I-751 Petition to Remove Conditions on Permanent Residency for a client, (hereinafter, Y”), and her son who are natives and citizens of Jamaica. Y’s had to self-petition to remove the conditions on her residency after she was subjected to extreme cruelty by her U.S. Citizen Spouse.

Y met her U.S. Citizen Spouse in 2008 on the F Train and married 3 years later. Y and her son received her Conditional Residency in May of 2012 based on the Marriage Petition filed by her U.S. Citizen Spouse. Everything was going great between Y and her husband until shortly after they got married when Y’s behavior began to change. He became extremely jealous and controlling and act out in public by yelling at Y if another man even looked at her. He would not even let Y travel to Jamaica to see her family without him. Y’s husband’s behavior escalated from verbal abuse to physical abuse very quickly, at one point violently slamming a car door on her leg, leaving bruises. Despite their marital woes, Y did not know where to turn for help so she tried to make it work with her husband. In May of 2014 Y filed her first I-751 as a joint petition with her husband. While the I-751 was pending, Y’s husband’s behavior continue to get worse, his verbal threats became death threats and he continued to use more and more physical force against her. Y was so fearful that she stopped going home after work, opting to sleep at friend’s houses or sit in the 24 hours Dunkin’ Donuts across the street. Y finally had the last straw when her husband took away her keys and phone and changed the locks without her knowing.

In February of 2015 Y attempted to file a Family Offense Petition against her husband but it was dismissed at the first appearance because why was unable to miss work to attend. In April of 2015, Y started to get concerned that she did receive any correspondence from USCIS and asked her lawyer if there were any updates. Y eventually learned that her I-751 was denied in July of 2015 after she did not respond to a Request For Evidence. Y’s husband hid the correspondence from USCIS. Y was confused why her attorney failed to inform her of the denial. Shortly thereafter, Y contacted The Shapiro Law Firm after her cousin met Attorney Shaffer and discussed Y’s case. Attorney Shaffer said that something did not sound right because Y’s attorney should have also received all of the correspondence from USCIS and should have appeared in Family Court for Y to request an adjournment so the case was not dismissed. Attorney Shaffer quickly learned that Y’s attorney was disbarred in 1999! Y immediately hired us and switched attorneys upon learning this information. We then re-filed Y’s Family Offense Petition and the I-751 as a self-petition based on the abuse suffered by Y at the hands of her U.S. Citizen husband. The family court granted the family offense petition for Y, and although we re-filed the I-751 as quickly as possible, Y and her son were placed into Removal/ Deportation Proceedings as a result of the initial I-751 denial. Now that the I-751 was approved, we have filed a motion to terminate removal proceedings with the immigration court which should be promptly granted.

I-797, Notice of Removal of Conditional Basis of Lawful Permanent Residence

Marriage Petition (I-130) Approval for Spouse of U.S. Citizen after Stokes Interview –Another I-130 immigrant visa approval for a client, (hereinafter, “U”), a native and citizen of Mali. U and his wife did not use an attorney to file the applications and came to us for help after they attended their first marriage interview and were told they would receive a request for evidence in the mail, but did not receive any further correspondence from USCIS for over a year!

We personally delivered a letter to the interviewing officer and a few weeks later U and his wife were scheduled for a Stokes Interview. We accompanied the couple to the Stokes Interview and a few days later we received the approval notice in the mail! U should receive his Green Card as soon as his background and security checks are complete. U and his wife have been married for over 2-years so U will receive a 10-year Green Card.

Notice of Approval of Relative Immigrant Visa Petition

Marriage Petition (I-130) Approval – We also received an I-130 marriage petition approval notice for the spouse of a U.S. Citizen (hereinafter, “S”). S is a native and citizen of Mexico. S entered the country without inspection (EWI) so he now needs to file a I-601A waiver for his unlawful entry. An I-601A waiver, known as the Provisional Unlawful Presence Waiver is based on the extreme hardship that certain U.S. Citizen and Lawful Permanent Spouses and/ or Parents of the Applicant would suffer if he or she is unable to obtain legal status. Once the waiver is approved, the applicant must depart the U.S. for his or her visa interview at the U.S. Embassy/ Consulate abroad.

The nice thing about this waiver, as opposed to other waivers of inadmissibilities is the Applicant will not have to depart the country until the visa interview is scheduled, and thus will only be out of the country a few weeks. Other waivers require the applicant to first depart the country then file the waiver and wait outside the U.S. while it is adjudicated, which can take 6 months to a year or more!

S’s waiver will be based on the extreme hardship to his U.S. Citizen wife and they are very eager to start the next step in the process of obtaining S’s Green Card.

I-797C, I-130 Petition for Alien Relative Approval

DACA Renewal Approved – We also received an approval notice for a Deferred Action for Childhood Arrivals (DACA) Renewal for a client, (hereinafter “Z”), who is a native and citizen of Indonesia. Remember, you only have until THIS THURSDAY OCTOBER 5 to send your DACA renewal applications to USCIS before they stop accepting the applications. It MUST BE RECEIVED by OCTOBER 5! Call us immediately if you need help filing!

Fortunately for Z, although this will be the last time she can renew her DACA, she already has an approved I-130 petition filed by her LPR Step-father and just finished the Consular Visa Processing. As soon as Z’s visa interview is scheduled in Jarkata, she will leave the U.S. for the interview, and if all goes according to plan, she will re-enter the U.S. as a Lawful Permanent Resident!

I-797C, I-821D Approval Notice

Green Card (I-485) Approval for VAWA and (previous) Withholding of Removal Beneficiary – We also received an approval for a Green Card for a VAWA and Withholding of Removal Beneficiary who is native and citizen of Mali (hereinafter client “W”). W entered the U.S. in 1998 with a B-2 Visitor Visa to join her husband, who previously fled Mali and was eventually granted asylum.

W applied for asylum long after the 1-year filing deadline so she was placed into removal proceedings, eventually the court granted her Withholding of Removal in 2012. Around the same time, W’s husband adjusted status to a permanent resident based on his asylee status and then filed a marriage petition on W’s behalf. Unfortunately, shortly thereafter, W’s husband started to abuse her and he was arrested on domestic violence charges and W obtained an order of protection against him. W left her husband so we filed a VAWA petition for her. Once the VAWA petition was approved, we filed a joint motion with DHS to terminate W’s Removal Proceedings so she can apply for a Green Card! W is thrilled to finally be a Lawful Permanent Resident!

I-797, I-485 - Application to Adjust Status to Permanent Resident Approval Notice

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

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

Case Status Update: Approvals: 10-Year Green Card, Conditions on Permanent Residency Removed, EAD, Travel Documents

Conditions Removed, 10-Year Green Card (I-751) Approved – We pleased to announce that we received an approval notice to remove the conditions on a Green Card based on marriage to a U.S. Citizen for our client, (hereinafter “Y”), who is also a native and citizen of Mali . Y and his U.S. Citizen wife got married in 2007 and she subsequently filed a marriage petition on his behalf. Because the couple was married for less than 2 years at the time of their interview, Y received a 2-Year Green Card .

In the fall of 2009, Y’s wife decided to move to Texas. The couple planned for Y to follow her there once he was able to secure a job with health insurance to support them both. However, Y’s wife began to act differently after she moved. She even changed her phone #, which forced Y to call his wife’s mother in order to get in touch with her. Despite the growing concerns he had with his marriage, Y still planned to move to TX to be with his wife and timely filed to remove the conditions on his residence in January of 2010. Y subsequently learned that a few months later his wife gave birth to another man’s baby. As a result Y filed for divorce in August of 2012.

Meanwhile, Y had still not heard back from USCIS regarding his I-751 petition and the online case status still listed his case as under “initial review.” After we sent multiple letters and emails to USCIS and not receive a response, we helped Y obtain an USCIS InfoPass appointment in September of 2013. At the InfoPass appointment, Y for the first time learned that his I-751 petition was denied. At this point, Y was now divorced and out-of-status.

So, we re-filed his I-751 as a self-petition and requested a waiver to the joint filing requirement based on a marriage that was entered into in good faith, and, during the marriage, he was the subject of extreme cruelty by his U.S. Citizen wife in February of 2014.

Finally, after waiting over 3 and a half years, we received Y’s Green Card in the mail and we are waiting for him to stop by to pick it up and Congratulate him!

10-Year Green Card FINALLY Approved for Spouse of U.S. Citizen – We are very happy that after may years and a lot of headaches, we received an approval notice for a 10-Year Green Card for our client, (hereinafter “X”), who is a native and citizen of Mali.

X’s Green Card is based on his marriage to a U.S. Citizen. X entered the U.S. in 2000 with a B1 Visitor Visa. X and his wife wed in 2006. X was placed into Removal/ Deportation Proceedings based on his visa overstay in 2009. X’s wife filed a marriage petition for X in 2009, but it was denied in 2010.

In 2011, X was detained by ICE for 9 months in a Texas ICE detention center. X’s wife re-filed for him after he was released at the end of 2011 and X went back to New York where he lived with his wife. X was still in Removal Proceedings, but the TX Immigration Judge (IJ) refused to change venue to NY despite 4 motions requesting such.

In 2013, after 2 years went by and the marriage petition remained pending, the IJ Administratively Closed X’s case so that he did not have to keep on returning to court while the marriage petition was adjudicated. X and his wife continued to wait for the decision on the marriage petition and despite sending countless letters to USCIS for updates on the case, no progress was being made.

Finally, in July of 2015, we received a letter from USCIS stating that X’s marriage petition was approved a year earlier and that USCIS lost X’s file for over 3 years! With the marriage petition approval, we were able to file a motion to terminate X’s Removal Proceedings. The Motion to terminate was granted last year and X was then able to file for his Green Card last June.

Then, almost a year later in this past May, X FINALLY received his approval notice for his Green Card! We are so happy for X and his wife and the fact that they can finally live their lives without a dark cloud hanging over them.

Form I-797C, I-485 Approval Notice

Moral of the story? The immigration process is never fun, but sometimes it is a nightmare. But there is hope! With proper legal representation and a ton of patience, you can eventually obtain the immigration benefit that you are entitled to. We never gave up on X or Y’s cases, nor did X or Y, even when the delays seemed like they would never end

Work Permit (EAD) Approvals for Asylum Applicants – We received work permit approval notices for two of our clients who are asylum applicants. Our first client, (hereinafter “Z”), is a native and citizen of Indonesia. The other client, hereinafter “W”) is a native and citizen of Nigeria. The work permits allow W and Z to work legally in the United States while they both await their Asylum interviews. Current wait times for Asylum interview if you live in the New York, NY area is about 2.5 years.

Form I-797, I-765 Approval Notice

Form I-797C, I-765 Approval Notice

Work Permit (EAD) Approval for VAWA Beneficiary awaiting Green Card – Last week we also received a work permit approval for our client, (hereinafter “V”), who is a native and citizen of Senegal. Shortly after entering the U.S. in 2005 with a B2 Visitor Visa, V gave birth to her first child. A few years later, V married her child’s father, a Lawful Permanent Resident. After 10 years of being together, 5 of which were spent in marital bliss, V’s husband already suspect behavior became unbearable when he began physically abusing V. The abuse got so bad that V sought an order of protection in the family court and had to hire a security company to change the locks in her apartment.

V’s husband never petitioned for her Green Card, as keeping V without legal status was one of the ways that he controlled her. Fortunately, V sought help on her own and we helped her file a VAWA (Violence Against Women’s Act) Petition. After the VAWA petition was approved, V was able to file for her Green Card. The EAD approval allows V to work legally in the U.S. while she waits for her Green Card application to be approved. We expect to receive the approval notice in the next few months.

I-797, I-765 Approval Notice

Work Permit (EAD) and Travel Document Approvals for Adjustment Applicant (Spouse of U.S. Citizen) – We also received an approval notice for both a work permit and travel document for our client, (hereinafter “U”), a native of Nigeria and citizen of St. Lucia. U is married to a U.S. Citizen and is waiting for his marriage interview. U and his wife have been married since May of 2015, so U will be eligible for a 10-Year Green Card once his marriage petition and Green Card applications are approved. In the meantime, U can now legally work in the U.S. and travel outside the country while he waits.

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

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

Case Status Update: Approvals: I-130s, Green Card, EAD, Travel Documents

I-130 Petition Approved for unmarried child of U.S. Citizen: Last week, we received an approval notice for a client, (hereinafter, Client “X”), who is a native and citizen of Trinidad and Tobago. X is 14-years-old and entered the U.S. in 2007, when he was just 4-years-old with his mother, as a derivative of her mother’s K-1 Fiancee Visa. X became a Conditional Permanent Resident after his mother wed and adjusted her status. X’s mother then applied to remove conditions on her residency, and on the residency of her 2 sons. Before the I-751 petition was approved, X’s mother passed away.

X and his older brother where then thrust into Removal Proceedings as they never had the conditions on their residency successfully removed to become a full Permanent Residents. Fortunately for X, his father, a Permanent Resident, also lived in New York City. X went to live with his father and stepmom, but he still was without legal status.

X faced another hurdle due to the fact that he was born out-of-wedlock and his father was not listed on his birth certificate. So, Attorney Shaffer assisted X’s father in filing a Paternity Petition in Kings County Family Court. In order to have a Paternity Petition heard in Court, you have to prove that you served process on any party that has a right to be notified of the proceeding. In this case, X was required to serve his dead mother, despite the fact that we presented the court with her death certificate. So, X was required to serve his mother’s next-of-kin, who was his mother’s abusive spouse since she was still married to him at the time of her death. The next, next-of-kin was X, but the court would not accept service on him, so we had to serve X’s mother’s mother (or X’s grandmother), which was still an issue since we could not obtain X’s mother’s birth certificate to prove that the person we served was in fact her mother. Eventually we were able to provide acceptable proof of service for the court and the Order of Filiation was entered.

Once we had that taken care of, X’s stepmom, a US Citizen, was able to file an I-130 petition for him because she married X’s father before X turned 18-years-old.

Now that X has an approved I-130, we will be filing a motion to terminate his Removal Proceedings. X will then be able to file an immigrant visa petition and then leave the country for his scheduled interview. X cannot get a Green Card in the U.S., even though he is under 18, because he initially entered the country with a K visa and there are no exceptions. X has not accrued any unlawful presence because he is under 18, so he will be able to return to the U.S. right away as a Permanent Resident!

Form I-797C, I-130 Approval Notice

Work Permit & Travel Document Approved for Adjustment Applicant (Parent of U.S. Citizen age 21 or older: Last week we also received approvals for a work permit and travel document for our client, (hereinafter, Client “Y”), who is a native and citizen of Mali. Y was in Removal Proceedings and was ordered removed in absentia after her attorney mistakenly wrote the wrong date down in his calendar so Y failed to appear in court on the correct date.

Thereafter, Y filed a Motion to Reopen based on ineffective assistance of counsel. The motion was denied and the denial was timely appealed to the Board of Immigration Appeals (BIA). The BIA granted Respondent’s motion due to the fact that her former attorney admitted his error with regards to the hearing date in his response to her disciplinary complaint.

After the BIA remanded the case back to the Immigration Judge (IJ), the IJ agreed to terminate the Y’s case based on her approved I-130 filed by her U.S. Citizen Son. By terminating her removal proceedings, Y was then able to file for adjustment of status. With the approval of the work permit and travel document, Y can legally work and travel outside the country while she waits for her Green Card to be approved.

Form I-797C, I-765 Approval Notice

Form I-797C, I-131 Approval Notice

Work Permit & Travel Document Approved for Adjustment Applicant (VAWA Self-Petitioner): This week we received approval notices for a work permit and travel document for our client who is also a native and citizen of Mali, (hereinafter, Client “Z”). Z entered the U.S. back in 1998 with a B-2 Visitor Visa. Years later, Z submitted an application for Asylum and Withholding of Removal. Because Z did not file within the 1-Year Filing Deadline, she was placed into Removal Proceedings where she was eventually granted Withholding of Removal, which allowed Z to permanently live and work in the U.S., but does not provide a path to a Green Card.

Z eventually got married to a Lawful Permanent Resident (LPR) who began to abuse her. After escaping the relationship, Z submitted a VAWA Self-Petition based on her relationship to a LPR abusive spouse. Once the VAWA petition was approved, we filed a joint motion with DHS to terminate Z’s Removal Proceedings to allow her to adjust status to that of a LPR. Z applied for her Green Card once the joint motion was granted and is now waiting for her Green Card application to be approved. In the meantime, Z can now continue to work legally (Z effectively lost her withholding of removal status when her removal proceedings were terminated, along with her work permit based on that status), and now for the first time since she came to the U.S. almost 20 Years ago, Z can travel outside the country.

Form I-797, I-765 & I-131 Approval Notice, Page 1

Form I-797, I-765 & I-131 Approval Notice, Page 2

Marriage Petition & Green Card Approved for Spouse of U.S. Citizen: Finally, this week we received approval notices for a marriage petition and green card for a client who is a native and citizen of Germany, (hereinafter, Client “W”). W came to the U.S. in January of 2012 on a F-1 student visa and met his future wife at school. W and his wife got married in June 2016 and are now expecting their first child!

Form I-797C, I-485 Approval Notice

Form I-797C, I-130 Approval Notice

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

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

Case Status Update: Approvals- I-601a Waiver, E-2 Renewal, 10-Year Green Card

I-601A, Unlawful Presence Waiver Approved: Last week, we received an approval notice for an I-601A Unlawful Presence Waiver for our client, (hereinafter, Client “X”), who is a native and citizen of Ecuador. X illegally entered the country in 2001 and has not left since. X has been married to a U.S. Citizen since 2004 and the couple have 4 U.S. Citizen children together. Because X did not lawfully enter the U.S., despite the fact that she has an approved marriage petition, X cannot get her Green Card without first leaving the country.

What are the benefits of a I-601A Waiver?

Prior to the creation of the I-601A Waiver, the only option was to file a I-601 Waiver of grounds of inadmissibility. In order to file a I-601 Waiver, the applicant must 1st leave the U.S., then apply for the waiver and wait outside of the country for it to be adjudicated. This can take 6 months to a year or longer. Then, if the I-601 Waiver is approved, the applicant can finish the immigrant visa processing with NVC and hopefully be able to re-enter the U.S. as a Lawful Permanent Resident. If your I-601 Waiver is not approved, then you will be stuck outside of the country facing a bar of up to 10 years depending on the type of immigration violation.

Who is eligible for a I-601A Waiver?

Obtaining approvals for I-601A and I-601 Waivers are no easy task. There are a number of eligibility requirements that must be met, including good moral character and at least 1 qualifying relative (who must be a U.S. Citizen or LPR). The hardest eligibility requirement to prove is the showing of “extreme hardship” to a qualifying relative. Factors considered by USCIS in determining if an Extreme Hardship exists, include:

Health
Financial considerations
Education
Personal considerations, and;
Special Factors.

A totality of the circumstances is used, meaning you not one factor is required to prove extreme hardship, you can present evidence on as much as the above 5 factors that you have. For further explanation of these factors, click here.

Back to X…

In X’s case, we were able to prove that her U.S. Citizen husband would suffer an extreme hardship if she were to be removed from the country based on a combination of the 5 above factors. Out of these factors, health was the primary concern. This case at first appeared to be relatively straight-forward and simple: X was diagnosed with a brain aneurism and relies on her husband and approximately 20 other U.S. Citizen and LPR family members who live near-by to assist in taking care of the kids when she is unable to do so herself and to help with her husband who suffers from diabetes and related illnesses.

The problem was, the extreme hardship cannot be to the applicant, it must be borne by the qualifying relative. We thus had the much more difficult task of proving that X’s husband and children will suffer immensely psychological harm due to the fact that X will not have the medical care and family support and help if she were to return to Ecuador without her family (we also had to prove that her family would suffer an extreme hardship if they left the country with X, and thus leaving the U.S. permanently with her was not a realistic option). The seriousness of X’s illness meant that she needed others to help take care of herself and without their assistance, her fate alone in Ecuador was grim. It took many months to prepare the evidence, which required us to provide documentary evidence relating to all facets of X and her family’s life.

What is next for X?

X will finish submitting her immigrant visa application and affidavit of support and wait for the NVC to schedule her interview in Ecuador. At that point, X will depart the country and go back to Ecuador where she will attend her immigrant visa interview. Absent any surprises, X will be able to re-enter the U.S. as a Lawful Permanent Resident.

Form I-797C, I-601A Approval Notice, Page 1

Form I-797C, I-601A Approval Notice, Page 2

E-2 Treaty Visa Extension Approved: Last week we also received an approval notice for an E-2 Visa extension for our Client, (hereinafter “Y”), who is a native and citizen of Georgia. Y and his family came to the U.S. on B-2 Visitor Visas and then changed their status to E-2 (and E-2 dependents) in 2015.

Y was able to secure his E-2 Visa after he committed a substantial and irrevocable investment in a new trucking company in the United States. Y also had to prove, among other factors, that he would be creating jobs for U.S. Citizens and Lawful Permanent Residents, and most importantly that the money he used to invested in his U.S.-based business came from clean sources, i.e., income earned, gift or loan. 2 years later, despite facing a major loss when one of his truck drivers got into an accident, totaling Y’s truck, Y was able to extend his authorized stay by another 2 years by showing that his business was active and continuing to grow. E-2 Visa holders are not eligible to obtain Green Cards based on their E-2 status, but there is no limit on the number of renewals that an applicant may request.

Form I-797C, Notice of Action - I-129, E-2 Approval Notice

Conditions Removed, 10-Year Green Card Approved: Finally, last week we received another approval notice for an I-751 Petition to Remove Conditions or Permanent Residence. This approval came for our client, (hereinafter Client “Z”), who is a native and citizen of Japan. And the approval came without Z and her husband being called in for an interview! Z and her husband met in 2012 and began dating. The couple wed in June of 2013 and Z’s U.S. Citizen husband filed for her Green Card shortly thereafter. Z and her husband are avid surfers and live together in Long Beach, NY.

What is next for Z?

Z can now apply for naturalization because on July 14 she will have been a LPR for 3 years and she is still married and living with her U.S. Citizen Spouse!

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

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

What You Really Want to Know | Episode #8 | I have a Conditional Green Card but I am no longer with my USC Spouse, will I lose it?

Transcript: Hi, I am Attorney Shaffer. Today on “What You Really Want To Know,” we answer the question, “I have a Conditional Green Card but I am no longer with my U.S. Citizen Spouse, will I lose my Green Card?”

The short answer is, It depends.

If you have a Conditional Green Card based on your marriage to a U.S. Citizen, that means that your Green Card is only valid for 2 years. So, within 90-days of the expiration date, you and your spouse must file a Joint Petition to Remove the Conditions on your Green Card. This is known as the I-751 petition. If the petition is approved, your “conditions” will be removed making you a full Permanent Resident and you will then receive a 10-Year Green Card.

But what happens if you are no longer with your spouse?

Unfortunately, “till death to us part” is not always the case, and it is a reality that is also recognized by immigration because many married couples do not make it to their 2-year anniversary. The good news is, there are a few exceptions that allow you to self-petition for your 10-Year Green Card, provided that your marriage is real. Even though your spouse will not be filing with you, you still have to show Immigration that you and your spouse continued to share a life together as a married couple since you received your 2-Year Green Card.

Once you prove that you entered into a bona fide marriage, you are also going to need to prove that either your U.S. Citizen Spouse:

1. died;

2. was abusive to you or your child, or;

3. that you are now officially divorced.

Whether you file alone or with your spouse, you will be required to appear for another interview with immigration. Like your first marriage interview, you will have to prove to the officer that you entered into the marriage in good faith. And this is going to prove even tougher if you file without your spouse and if your I-751 petition is denied, you will most likely end up in Removal/ Deportation Proceedings.

It is thus extremely, extremely important that you contact an attorney to assist you in both the filing of the I-751 and with the interview itself.

If you have a Conditional Green Card and need help filing for your 10-Year Green Card, contact an experienced immigration attorney at The Shapiro Law Firm today.

That is also for this episode of “What You Really Want To Know.” Thanks for watching!

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Case Status Updates: 10-Year Green Card & Work Permit Approval

10-Year Green Card Approved:

Today we received another approval on a petition to remove conditions on permanent residence (Form I-751) for a client who is a native and citizen of of Mali, (hereinafter, “X”). X’s case was challenging because he and his U.S. Citizen wife were divorced, so he had to request a waiver of the joint filing requirement on the basis that he entered into his marriage in good faith but ended in divorce. X got married in February of 2013 to his U.S. Citizen wife who subsequently filed a marriage petition on his behalf. X’s marriage, however, was troubled from the start. A few months after the wedding, X and his wife began to fight a lot because X worked the night shift and his wife was feeling neglected. The fighting persisted, and eventually X asked her to move out for a little so they both could calm down. The couple was separated for only a few months when X and his wife decided that they would try to make the relationship work and she moved back in with him. Unfortunately, not long after that, X learned that his wife was pregnant with another man’s baby and that she was keeping the baby. Heartbroken and betrayed, X told his wife that he had to end the relationship. X filed for divorce and the divorce was granted last September. X, however, still needed to file to remove the conditions on his residence, but since he was no longer with the filing spouse, he had to request a waiver of the joint filing requirement based on a marriage that was entered into in good faith but terminated through divorce.

Cases that require a waiver to the joint filing requirement are particularly tricky due to the short lifespan of the marriage. Essentially, this means that in approximately 2 years, the following occurred: a couple got married, separated, filed for divorce (in New York you must wait at least 6 months to file a no-fault divorce), and received a final judgment of divorce (in New York this can take 3-6 months for a divorce to be processed from start to finish). As a result, there is often not much documentary evidence that exists to prove that the marriage was real.

X came to The Shapiro Law Firm to help him with the Request For Evidence sent by USCIS after he submitted the petition to remove conditions on his residence. The attorneys at The Shapiro Law Firm helped guide X in determining what evidence USCIS was looking for to make their determination. We also helped X explain his situation by asking him non-leading questions about the circumstances leading up to his marriage and subsequent breakup.

Yesterday, I attended the interview with X at USCIS. X was nervous but I told him that since he clearly entered into his marriage in good faith, he had nothing to worry about, and I was right! It only took 15 minutes for the immigration officer to inform X that his case was approved! X will be receiving his 10-Year Green Card in 2-3 weeks.

There were 2 keys to X’s case: (1) Providing USCIS with an honest account of what happened during the course of X’s relationship from the day that he met his wife until the day that he filed for divorce, and; (2) Providing sufficient evidence that the couple shared a residence and a life together by submitting physical documents and photographs.

When can X file for his citizenship? Although X obtained his Green Card based on marriage to a U.S. Citizen, because he is no longer married and living with his former spouse, he will have to wait the full 5 years before is eligible for naturalization.

Work Permit Renewal Approval: Today we received an approval notice for employment authorization for a client, (hereinafter, “Y”), who is a native and citizen of Indonesia. Y’s employment authorization is based on her pending asylum application. As an asylum applicant, Y was required to renew her work permit every year prior to expiration, but her new work permit is valid for 2-years in accordance with the new USCIS rule!

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