We filed a motion to reopen after resolving the issue and Today I received an update that stated that my case was reopened. In our client's case, INS denied our client's TPS application because she missed a biometrics appointment. If applicants can prove that USCIS committed a legal or factual error when denying the application, USCIS may reverse the decision and issue applicants green cards. Citizen of Guatemala retains his green card with a 212(h) waiver. The firm filed the joint motion request in May of 2013. Unfortunately, the coram nobis petitions were denied but the firm appealed. There are options available to applicants, including a motion to reconsider or reopen, appealing the decision, and re-filing. Outcome: Our client is now a citizen of the United States. Comments: The firm has won many cases on or after appeal. The firm received two disturbing Requests for Further Evidence (RFE) from USCIS. If U. S. Citizenship and Immigration Services (USCIS) approves the petition filed by your U. fiancé or spouse (on Form I-129F or I-130) to help you immigrate, but then denies your application for a green card via adjustment of status (on Form I-485), the next steps can be complicated. While in Mexico, our client's father had a child – our client – with a Mexican woman, but they were not married. If you do not receive your reopening notice by March 8, 2023. is moving pretty fast!
Case Was Reopened For Reconsideration I-485 Using
Feb 2021: ApplicationDate (I-485) July 2021: Admin Closed (I-485) December 2021: Application to reopen & terminate Removal Proceedings April 2022: Removal Proceedings Terminated July 2022: Case Was Reopened (I-485) Feb 11 2023: New Card Being Produced Feb 13 2023: case was approved Feb 14 2023: Card Was Mailed Feb 16 2023: Card was delivered to Attorney Address No Interview! Copyright © 2013-2021, MURTHY LAW FIRM. The prior immigration attorney had warned our client that if he tried to naturalize, he would be denied and placed in removal proceedings and deported. However, the firm asked the client to describe her entry into the United States and the firm determined that our client had been "waved through" the border which is a valid entry into the United States according to a case in the Board of Immigration Appeals entitled Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010). Facts: In 2013, a citizen of El Salvador and her child and her brother came to the firm seeking help. Our client stated to the firm that he had been advised by an immigration attorney that a conviction for the Maryland offense of identity theft would not affect his immigration status.
Case Was Reopened For Reconsideration I-485 Processing
On September 28, 2017, our client's case was remanded from the Board of Immigration Appeal back to the Baltimore Immigration Court. Even though the citizen of Yemen had a green card, he had an 16-year old conviction for the Maryland offense of second degree assault. In 2013, the citizen of El Salvador came to the firm for help. The Firm's Representation: In 2013, the Maryland offense of second degree assault was potentially an aggravated felony under the INA. While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. The El Salvador police could not protect our client or her family and as a result they fled El Salvador and came to the United States looking for safe refuge. Request Reconsideration from a Judge.
The Firm's Representation: A non-citizen who enters the United States illegally generally cannot get a green card here in the United States – illegal entry is a bar to adjusting status to that of a lawful permanent resident. If the USCIS issues a denial, the applicant / petitioner usually has the option of filing an MTR to challenge that decision. However, our client never applied for asylum. Making matters worse, our client's interviewing officer at USCIS was a recent transfer from California and was not familiar with Maryland law. A Motion to Reconsider is based on the evidence present when the case was originally filed. Although decisions made by the USCIS on many types of cases may be appealed to the AAO, denials issued for certain types of cases that involve discretionary decisions may not be challenged in that manner, such as on applications to adjust status (I-485s). In this case, we needed to reduce our client's sentence by one day to 364 days or less, but the court had already closed for the day. Comments: This case was a very gratifying win for the firm because it was such a hard-won fight. After quite a lot of discussion, the firm convinced our client that this prior advice was incorrect and the firm advised our client to file an application for naturalization, which the firm did. The firm included additional briefing based on a recent case that had been decided in the Supreme Court, Mathis v. U. S., 136 S. Ct. 2243, 2247 (2016), that supported our client's position. Outcome: The firm's individualized approach worked to perfection again and our client from Guatemala was granted a Provisional Unlawful presence Waiver on December 16, 2016. When your I-485 application is denied by USCIS it is devastating, but not the end of the story. In 2004, the El Salvadoran citizen's TPS renewal application was denied.
Case Was Reopened For Reconsideration I-4 5 6
Form I290B must be filed within 30 days of a USCIS or DOL decision. Facts: In December 2015, a citizen of Guatemala came to the firm seeking a pathway to getting a green card. Down but not done, the firm convinced our client to file a petition for review in the U. So, our client started sending out his residency applications that indicated that he had no convictions and subsequently residency offers started pouring in. Recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. The firm advised our client to continue to fight for his rights and the Immigration Judge's decision was appealed to the Board of Immigration Appeals. So, the firm petitioned Immigration and Customs Enforcement (ICE) to join a motion to reopen. In some cases, it is possible to challenge a denial decision made by the U. S. Citizenship and Immigration Services (USCIS) on an application or petition for an immigration benefit. Essentially, the state court must make a special finding (1) that the minor was subjected to abuse, neglect or abandonment by one or both parents and (2) that it is not in the best interest of the child to be returned to his home country. In addition, at that time ICE had a stated policy that it would not join motions to reopen so that non-citizens could pursue the Provisional Unlawful Presence Waiver.
Case Was Reopened For Reconsideration I-485 Number
Facts: In August 2014, a citizen of El Salvador came to the firm seeking help with his asylum case in the Baltimore Immigration Court. Even though our client was at the top of his class in a prestigious medical school, his conviction for second degree assault was hindering any residency program from offering him a position. After reviewing our client's criminal history, it was discovered that our client had a theft conviction and a one year suspended sentence, which in the immigration context is an aggravated felony. When appealing to AAO, another officer will look at the same evidence initially sent to the previous officer and determine whether to take action favorable to the immigrant. Outcome: On March 31, 2014, our client received his green card. He was placed in removal proceedings and came to the firm for help. The firm attended an interview with USCIS, but USCIS would not make a decision on the case, even after two years of waiting. After taking testimony from our client, the immigration judge adhered to the government's position and granted withholding of removal but denied the application for asylum. He sought the firm's help.
Case Was Reopened For Reconsideration I-45 Ans
For instance, if an I-140 petition is on appeal to the AAO, it may still be used to extend the beneficiary's H1B status beyond the six-year limit. He had been in the United States for nearly 25 years. The firm knew that reopening with ICE would be dicey with the DUI convictions. If you are one of a number of immigration applicants, you can't skip this process: checking your case status on the USCIS website. To check the status of your motion, contact the USCIS Contact Center at 800-375-5283 and ask for a "service request. But, the firm learned that our client's previous attorney had provided our client with horribly deficient legal representation – the previous attorney had obtained the custody order and filed the I-360 SIJS petition without the SIJS findings and despite repeated notices from USCIS for the SIJS findings, the previous attorney did nothing and allowed our client's I-360 to be denied for abandonment and allowed our client to turn 21 years of age. Fortunately, in August 2014, ICE agreed to reopen and terminate our client's removal order. No matter which option you think is best, we recommend you speak with an experienced immigration attorney first. You are not alone, and we will fight for you. The first question is what happened and what is the best course of action. Our client eventually accepted a residency position at prestigious hospital in Baltimore, Maryland and he is on his way to becoming a full-fledged medical doctor. Does not condone immigration fraud in any way, shape or manner. The Firm's Representation: Citizenship by operation of law can be very tricky, especially in this case.
Nevertheless, the firm has had quite a bit of success reopening old TPS denial cases. The client was needless to say overjoyed and celebrated July 4th as newly minted permanent resident of the United States. Additionally, certain family-based petitions are appealed to a different appeals body, the Board of Immigration Appeals (BIA). Here, our client and her child and her brother were threatened by gangs for no other reason than their familial relationship to the witness (our client's partner), which is a recognized social group under Fourth Circuit case law. Outcome: Our client was granted an INA 212(h) waiver and he was able to retain his green card. The firm specializes is naturalization denials. Facts: In 2001, a citizen of El Salvador applied for Temporary Protected Status (TPS).
To schedule an initial consultation with Yekrangi & Associates today, do not hesitate to contact us at (949) 478-4963. After intense briefing on the issue of the court's jurisdiction to make SIJS findings even though the minor turned 21 years of age, the Wicomico County Circuit Court made the nunc pro tunc SIJS findings. My lawyer filed 1-290B on my behalf on the same month. Instead of briefing the issue in the immigration court, the firm simply filed a copy of the order from the criminal court and asserted that our client was now eligible to move forward on his application for cancellation of removal for certain non-permanent residents pursuant to INA 240A(b) since he had no conviction at all. Depending on each person's situation and the reasons for the denial, the following are details about the different options that applicants may be able to try in the event of an I-485 denial. Our client demanded that the firm continue to represent him and the firm agreed that we were in the best position to represent our client moving forward. Despite extensive legal briefing, our client's naturalization application was denied.
The Firm's Representation: The firm first analyzed whether there was any relief available for our client. Outcome: On July 10, 2014, our client's TPS application was reopened. The agency has indicated that its goal is to process motions within three months. Citizen of El Salvador's Temporary Protected Status is reopened after being closed for over 10 years. Of course, our client was very concerned about being placed in removal proceedings, but the firm assured him that everything would be okay. The USCIS then reviews the appeal filing and, if persuaded to do so, may decide to treat the appeal as a motion and issue an approval decision. The Firm's Representation: The firm took our client's case and discovered that our client had a viable claim under the Convention Against Torture (CAT).
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