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

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

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

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

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

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

Fiancé Visa Petition Approved:

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

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

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

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

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

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

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

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

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

I-485, Adjustment of Status Approvals:

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

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

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

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

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

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

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

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

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

N-445, Notice of Naturalization Oath Ceremony

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

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

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

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

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

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

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

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

Native and citizen of Indonesia (initial):

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Employment Authorization Document (EAD) for other categories:

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

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

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

Employment Authorization (EAD) Card

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

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

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

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

Native and citizen of Jamaica:

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

Native and citizen of China:

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

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

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

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

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

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

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

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

Native and citizen of Mali (initial):

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

Native and citizen of Burkina Faso (initial):

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

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

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

Native and citizen of Indonesia (initial):

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

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

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

Native and citizen of Brazil:

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

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

Native and citizen of Mali:

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

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

Native and citizen of Germany:

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

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

Native and citizen of Ghana (renewal):

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

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

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

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

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

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

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

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

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

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

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

Employment Authorization Document (EAD) Approvals for Other Categories:

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

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

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

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

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

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

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

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

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

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

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

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

Case Status Update: Approvals- Work Permits (EAD), Travel Documents, Marriage Petitions, Green Cards, Naturalization, VAWA Prima Face Case Established

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

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

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

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

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

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

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

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

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

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

A client, (hereinafter, “S”), who is a native and citizen of Trinidad & Tobago. S’s EAD is based on her pending application for Cancellation of Removal for Non-Permanent Residents. S had her Individual Hearing a couple of years ago and is now waiting for a visa # to become available so she can officially receive the approval for her Cancellation of Removal Application.

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

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

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

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

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

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

Form I-797, Notice of Action - Approval Notice

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Form I-797C, I-765 Approval Notice

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

Form I-797C, I-765 Approval Notice

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

Form I-797C, I-765 Approval Notice

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

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

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

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

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

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

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

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

(*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: Asylee Green Card, VAWA Green Card, Work Permits (EAD)

PART 2 OF CASE STATUS UPDATE:

Asylee Green Card Approved – We also received an approval notice for an Asylee Green Card for a client, (hereinafter, “R”), a native and citizen of Mali. R obtained status as an asylee after his wife was granted asylum by the Immigration Judge. R was initially the main asylum applicant and was granted voluntary departure in 1996 but never departed the country.

In 2009, R and his wife filed a joint motion with DHS to reopen their removal proceedings and it was granted to allow R’s wife to file a new asylum application. In 2016, R’s wife’s asylum application was granted and a year later they both applied for Green Cards. R’s wife is still waiting for her Green Card to be approved but the couple, who have 4 U.S. Citizen children, are so happy that after over 20 years, R finally has a Green Card!

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

Asylee Travel Document Approval – We also received an approval for a refugee/asylee travel document for R that we had filed before his Green Card was approved because he had an emergency and needed to temporarily go aboard. Technically, R no longer needs a travel document to travel abroad and re-enter the United States because he can do so freely with his Green Card. The Asylee Travel Document is useful for a Permanent Resident if he or she no longer has a valid passport of his or her country of citizenship since one does not need a passport to travel abroad with an asylee travel document.

I-797C, I-131 Application for Travel Document

I-485 approval (VAWA Beneficiary + EWI) – Next approval is for our client, (hereinafter, “T”), a native and citizen of Senegal, initially entered the U.S. without inspection (EWI) in 2005. T married a Permanent Resident in 2009 and had a son with him. Years later, T’s husband starting acting differently towards her when he decided that he did not want her to leave the house and would act physically violent towards her in an attempt to control her. T reached her breaking point when her husband assaulted her and broke her phone so that she could not call the police. T obtained a Family Court Order of Protection against T and received help from a non-profit victim assistance organization called Safe Horizon. We then helped her file a VAWA petition and a Green Card application.

T and her U.S. Citizen son are now safe and relieved that T is a Permanent Resident. Remember, you can file for VAWA even if you do not have proof of your entry into the U.S. or if you entered illegally!

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

Green Card Approval for Spouse of Lawful Permanent Resident – Our final Green Card (I-485) approval notice from the last couple of months is for a client, (hereinafter “Q”), who is native and citizen of Mali. Q entered the U.S. in 2004 with a B-2 Visitor Visa. Her Green Card was based on an approved marriage petition filed by her Lawful Permanent Resident Spouse.

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

Initial Work Permit (EAD) Approvals for Asylum Applicants – We have received a large number of first time applications for employment authorization approved for asylum applicants Below are the approval notices and the country of nationality or citizenship each client is from:

Native and Citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Native and Citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Native and Citizen of Indonesia:

Form I-797, I-765 Approval Notice

Native and Citizen of Indonesia:

Form I-797C, I-765 Approval Notice

Native and Citizen of Indonesia:

Form I-797C, I-765 Approval Notice

Native and Citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Native and Citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Native and Citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Native and Citizen of Indonesia:

Form I-797, I-765 Approval Notice

Native and Citizen of Cote d’Ivoire (Ivory Coast):

Form I-797C, I-765 Approval Notice

Native and Citizen of Cote d’Ivoire (Ivory Coast):

Form I-797C, I-765 Approval Notice

Asylum applicants can apply for work permits 180 days after their asylum application was received by USCIS. These Work Permits (EAD) are now valid for 2 years and can be renewed if the application is still pending. Renewals are common today as the wait time for an asylum interview and for immigration court (if your asylum application is not initially approved) is averaging 3 years or more.

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: Naturalization & Work Permits

Naturalization Application Approved – Two weeks ago attorney Shaffer attended a naturalization interview with a client, (hereinafter, client “X”), a native and citizen of Haiti. X aced his interview and will officially be a U.S. Citizen when he takes his oath of allegiance at his upcoming Naturalization Ceremony. X is excited to finally become a U.S. Citizen! Congratulations!

Naturalization (N-400) Interview Approval

Work Permit Renewal Approved for VAWA Recipient – Last week we received an approval notice for an Employment Authorization Document (EAD), (hereinafter, Client “Y”), who is a native and citizen of Nigeria. This is a renewal work permit for Y and is based on his pending Violence Against Women’s Act (VAWA) and concurrent Green Card applications. Y came to the U.S. in 2015 with a B1/B2 Visitor Visa and married a U.S. Citizen shortly thereafter. Y’s good faith marriage came to an abrupt end when his wife and a few friends maced him and stole his wallet when he refused to give her more money. Y had to be treated at the hospital and thankfully is doing much better.

Although this horrific incident forced him to separate from his wife, he is clearly a victim of domestic abuse and thus was able to keep open his Green Card application by filing a VAWA petition.

Form I-797, I-765 Approval Notice

Work Permit (EAD) Approvals for Asylum Applicants – We received work permit approval notices for five more clients who are asylum applicants:

Our first client, (hereinafter “Z”), is a native and citizen of Nigeria. Z, her husband and son entered the U.S. about a year ago with a B2 Visitor Visa and quickly filed for asylum. Z and her family are currently waiting for their asylum interview.

Form I-797C, I-765 Approval Notice

The second client, (hereinafter “W”), is also a native and citizen of Nigeria. W and her family also came to the U.S. in 2016 and filed for asylum within a year of their entry.. W and her family initially had their work permits approved back in February, but their EAD cards were stolen from their mailbox. As a result, W and her family were forced to file for a replacement EAD. W and her family are also waiting for their asylum interview.

Form I-797C, I-765 Approval Notice

The work permits allow W and Z (and their family members who applied) 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 – 3 years.

Our third client, (hereinafter, “V”), is a native and citizen of Ghana. V first came to the U.S. as a child in 1994 and continuously resided here until 2011 when V decided to return to Ghana to see his 95-year-old Grandmother before she passed away.

Back in Ghana, V became active in an opposition political party. It was not long before the government came after V and his friends who were attempting to bring to light government abuse and corruption. Fearing severe bodily harm and death, V fled Ghana and attempted to re-enter the U.S. with someone else’s passport. At the airport, V immediately admitted that he did not have permission to enter the U.S. and was detained by immigration and given a credible fear interview. Upon finding that V had a credible fear of returning to Ghana, V was released from detention. He subsequently filed for asylum and withholding of removal and placed into removal/ deportation proceedings.

Despite having a strong Withholding of Removal claim and an approved marriage petition filed by his U.S. Citizen wife, V faced many inadmissibility hurdles, including possible fraud and misrepresentation, so in November of 2015 V’s removal proceedings were administratively closed.

Although V does not have a future court date, he is still considered “in removal proceedings,” which means that his asylum application is still pending, allowing him to apply for EAD renewals.

Our last work permit approval for an asylum applicant is a client, (hereinafter, “T”), a native of Niger and citizen of Mali. T entered the U.S. without inspection in 1997. T, a victim of the horrific practice of Female Genital Mutilation (FGM), did not apply for Asylum until 2013, so she was referred to the Immigration Court after her Asylum interview earlier this year. Since T did not file within the 1-year filing deadline, she will not be eligible for asylum, but will be eligible for Withholding of Removal. T is also a mother of 5 U.S. Citizen children and is looking to file an application for Cancellation of Removal for non-Lawful Permanent Residents. While T waits for her first hearing before the immigration judge, she will be able to legally work.

Work Permit (EAD) Approval for Applicant for Cancellation of Removal for Non-Lawful Permanent Resident– Last week we also received a work permit approval for our client, (hereinafter “U”), who is a native and citizen of Trinidad & Tobago. U entered the U.S. in 2000 with a B2 Visitor Visa. U and her husband applied for asylum after the 1-year deadline passed and were thus placed into removal/ deportation proceedings. U then submitted an application for cancellation of removal for non-lawful permanent residents based on the extreme hardship to her U.S. Citizen children. Last year, the Immigration Judge administratively closed U and her husband’s case. As with asylum applications, U’s cancellation application remains pending, allowing her to renew her work permit as needed.

I-797C, I-765 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: Marriage-based Green Card Approved; Work Permit & Travel Document for Adjustment Applicant Approved; Work Permit Approvals for Asylum Applicants

Marriage-Based Green Card Approved: Today Attorney Shaffer attended a marriage interview at USCIS with a client. (hereinafter, “X”), who is a native and citizen of the United Kingdom, and his U.S. Citizen wife. X entered the United States on an L-1 Visa and met his wife at work. They got married a little over a year ago and X’s wife filed a marriage petition on his behalf. X concurrently file his Green Card application. After a short interview with USCIS, the Immigration Officer informed X and his wife that the petition and application is approved! This means that X is no officially a Conditional Green Card holder! X and his wife live together with their dog in Manhattan.

Because X and his wife have been married for less than 2 years, X will have to file to Remove Conditions on his Permanent Residency to get his Permanent Resident Card (10-Year Green Card) 3 months before the 2 year anniversary of receiving his Green Card.

Work Permit & Travel Document Approved: Today we received approval notices for a work permit and travel document for our client who is a native and citizen of Mali, (hereinafter “Y”). Y received his EAD and travel document as an adjustment applicant. Y’s Green Card application is based on the marriage petition filed by his USC Wife. While Y waits for the approval notice, he can work legally in the United States with the Work Permit and leave and re-enter the country with the travel document as if he was a Green Card holder. Y and his wife should be scheduled for a Marriage Interview shortly.

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

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

Work Permit Approved for Asylum Applicant: We also received a work permit approval for two clients who are husband and wife and are natives and citizens of Nigeria, (hereinafter, “Z” & “A”). Z and A are both Asylum Applicants. Z, A and their son are awaiting their interview wit the Asylum Office.

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

**If you need help with your immigration filings, 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*)