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- 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

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:

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), 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: DACA Approval, EAD Renewal Approval, Expungement Granted

Initial application for Deferred Action for Childhood Arrivals (DACA) Approved – This week we received an approval notice for an initial Deferred Action for Childhood Arrivals (DACA) application. Our client, (hereinafter. Client “X”), is a native and citizen of China. X submitted the DACA application with out a lawyer in July of 2015. After waiting for almost 2 years for a decision from USCIS, X received a Request For Evidence (RFE) last month. Upon receiving the RFE, X contacted us to represent her in responding to the RFE. We quickly prepared a package of the requested evidence with a cover letter explaining that X was in fact eligible for DACA, and has now submitted all of the required documents evidencing her eligibility. About a month after receiving our evidence package, X’s DACA application was approved! She also now has an Employment Authorization Document (EAD) aka work permit based on her DACA status so she can legally work in the United States. X is currently in Graduate School and is relieved that she can finally work part-time while she finishes up school.

Form I-797C, I-485 Approval Notice

Form I-797, I-765 Approval Notice

Work Permit (EAD) renewal approved for Cancellation of Removal applicant – We also received an approval notice for our client, (hereinafter, Client “Y”), who is a native and citizen of Senegal. Y entered the country with parole in 2002 and he and his wife have twin U.S. Citizen sons. Y and his wife both applied for Asylum and Withholding of Removal and were placed into Removal/ Deportation Proceedings. Y subsequently applied for Cancellation of Removal based on the extreme hardship to his U.S. Citizen sons. Y and his wife were finally scheduled for an merits hearing in immigration court after being in proceedings for many years, but after Y was diagnosed with prostate cancer, a joint request to administratively close the case was granted by the immigration judge. Y’s cancer is now in remission and he its doing better everyday.

I-797, I-765 Approval Notice

NJ Expungement Granted – Finally, this week we received an order granting an expungement of a criminal record for our client, (hereinafter, “Z”). Z is a native and citizen of Indonesia who entered the U.S. with a B2 Visitor Visa when she was 10-years-old. Like many Chinese Christians, Z’s family fled Indonesia in 2006 due to the continued persecution suffered on account of their ethnicity and religion. Unfortunately, Z’s family did not know to apply for asylum. Fortunately, however, they learned about DACA before Z turned age 18 and we helped Z successfully obtain DACA status before she began accruing unlawful presence. Z has maintained her DACA status ever since.

A few years ago, Z plead guilty to a petty theft offense, a violation. This was her only criminal history and she did not want the conviction on her record so she asked us to file an expungement request. Z knew that the expungement would not effect her DACA status as the offense was not a disqualifying offense and the conviction was disclosed to USCIS when she successfully filed to renew her DACA status over 2 years ago. Z simply wanted to wipe her record clean, especially since she will be applying for jobs when she graduates from college in a couple of years.

*An important note on the immigration consequences of criminal convictions *

Even if the Z’s conviction was expunged before she had to notify USCIS for her DACA renewal, she still would have been required to disclose the conviction to immigration on a subsequent renewal. In fact, ANY arrest, even if no charges are filed, must be disclosed to USCIS when you are applying for any immigration benefit, if requested. The immigration law still views most expunged convictions as convictions for immigration purposes.

So, if you are looking to expunge a conviction solely for immigration purposes in order to erase a potentially disqualifying conviction from you record, make sure you contact an experienced immigration attorney before you waste your time and money! The intersection of criminal and immigration law is extremely complicated and only an attorney experienced in both practice areas will be able to properly advise you as to whether an expungement in your particular circumstances makes sense.

The experienced criminal and immigration attorneys at The Shapiro Law Firm, LLC are well versed in the intersection of the two and will be happy to help you determine if an expungement is best for you so contact us today!*

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*)