Case Was Reopened For Reconsideration I-485

July 4, 2024, 7:01 pm

However, President Obama initiated a program called the Provisional Unlawful Presence Waiver which allows the pre-processing of an unlawful presence waiver here in the United States, before the non-citizen travels to his or her country of origin. 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. On July 18, 2019, our client was granted asylum. The request was denied in December 2013. Background Information on Appeals. The citizen of Guatemala was married to a United States citizen spouse, but the citizen of Guatemala had entered the United States illegally and therefore he could not get a green card here in the United States – he had to travel back to Guatemala and return with an immigrant visa. Facts: On March 9, 2013, a citizen of Guatemala was in deportation proceedings. When your I-485 application is denied by USCIS it is devastating, but not the end of the story. He was placed in removal proceedings and came to the firm for help. Comment: Our client was a citizen of Cambodia, a country that refused to issue our client a travel document to return to Cambodia after he had been ordered removed to Cambodia. Our client did the personal work to keep himself out of trouble and the firm did the rest. On March 2, 2023, my case was reopened for consideration and was approved the following day.

Case Was Reopened For Reconsideration I-485 Uscis

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! Comments: The firm has won many cases on or after appeal. Then, the firm then processed our client's immigrant visa at the U. If you do not have any other form of status outside of the I-485 application, allowing you to stay, you will likely receive a Notice to Appear. If USCIS did not revoke or deny your family petition (the I-129F or I-130) then, in Immigration Court, you will have an opportunity to "renew" your application for adjustment of status. The firm quickly realized that he could qualify for Special Immigrant Juvenile Status (SIJS). Prior to the trial, the gang members tried to intimidate the witness by threatening the witness' girlfriend (our client), and her child and her brother. The firm responded to the RFEs and patiently explained to USCIS that our client was indeed eligible for naturalization. Our client had been previously represented by a notario who had successfully obtained an approved I-130 family based petition, but the notario had told our client that she had to return to El Salvador to get an immigrant visa to return to the United States because she had entered the United States illegally.

Case Was Reopened For Reconsideration I-485 Using

In 2013, the citizen of El Salvador came to the firm for help. The Firm's Representation: After our client's case was reopened, venue for the removal proceedings was moved to the Charlotte, North Carolina Immigration Court, near where our client resided. AAO Processing Times. The difficulty for the firm was that our client had received an opinion from a highly respected and high experienced immigration attorney that our client should under no circumstances attempt to naturalize. If the denial notice was received in the mail, you will have 3 extra days for a total of 33 days from the date of denial to file a motion. Outcome: On January 28, 2016, three years after the firm started the representation, our client entered the United States with his immigrant visa. Then the firm filed a motion in the Wicomico County Circuit Court to reopen our client's custody case and asked the Wicomico County Circuit Court to make nunc pro tunc SIJS findings. Citizen of Cambodia receives INA 212(c) relief, seventeen years after he was unjustly deemed ineligible for such relief. Facts: A citizen of Sierra Leone was placed in removal proceedings and charged as an "aggravated felon. " In addition, our client had two DUI convictions. Important Disclaimer: Please read carefully the Terms of Service. 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. 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. Thankfully, the Board of Immigration Appeal recognized the strength of our client's claim and reversed the immigration judge's decision.

My Case Was Approved I 485 Meaning

So, the firm filed coram nobis petitions for each of his theft convictions in the Maryland state court. First, a guardian for the minor must be appointed in the state court, and the state court must make special findings. However, our client never applied for asylum. The firm then sued USCIS in federal court and asserted that USCIS abused its discretion in denying the motion to reopen pursuant to the Administrative Procedures Act (APA). Facts: In 2013, a citizen of El Salvador and her child and her brother came to the firm seeking help. The firm placed our client in removal proceedings. The agency has indicated that its goal is to process motions within three months. 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. SIJS is a three step process. Outcome: On March 12, 2013, our client was granted NACARA special rule cancellation of removal and granted a green card. Keep in mind that if you're clearly inadmissible because of a criminal record, or USCIS has obtained convincing evidence that your marriage is fraudulent (and it really is), neither appeals nor further applications are likely to help much. 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. We have successfully obtained naturalization for our clients with criminal convictions, even after they had been initially denied naturalization. For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today.

Uscis I 485 Case Was Approved

All Rights Reserved. Facts: In 2001, a citizen of El Salvador applied for Temporary Protected Status (TPS). It may be that any further action is fruitless, but most of the time it is best to file an appeal or motion to reconsider or motion to reopen. A Motion to Reconsider is based on the evidence present when the case was originally filed. The firm was really happy to be able to help our client reach his goals. Citizen of Guatemala receives green card based on Special Immigrant Juvenile Status.

The Firm's Representation: Our client walked into the firm's office for a consultation at 5:00 pm. To check the status of your motion, contact the USCIS Contact Center at 800-375-5283 and ask for a "service request. The client was needless to say overjoyed and celebrated July 4th as newly minted permanent resident of the United States. Facts: In early 2017, a citizen of Mexico came to the firm seeking help from being deported. Re-filing gives individuals the chance to start the process from the very beginning, which can give them the ability to build a stronger foundation before re-submitting. Several weeks later, ICE detained our client in order to physically deport him. It is advisable, therefore, to consult with an attorney knowledgeable in immigration law, who can devise a specific strategy and follow the case through to the end of the process.

Please follow the instructions in the notice. So, our client started sending out his residency applications that indicated that he had no convictions and subsequently residency offers started pouring in. 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. Outcome: On February 22, 2016, our client, her son, and her brother were all granted asylum protection in the Baltimore Immigration Court. Are you curious about the processing time of your visa application? The firm is in the process of helping our client apply for a work permit again, over ten years after her last one was approved. Outcome: Our client was granted an INA 212(h) waiver and he was able to retain his green card. Timeframe to Process Motions. If you do not agree to the Terms of Service you should not access or view any page (including this page) on Answers and comments provided on Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Our client had an in absentia removal order from 2005 from when he crossed the U. border and was placed in removal proceedings but failed to attend his immigration court hearing. The citizen of El Salvador sought the firm's help. Comments: This was an extremely gratifying case for the firm because we were able to salvage a case that did not seem salvageable at first, but the firm would not give up on our client's case because we believed that our client had been tragically wronged by his previous attorney and we were determined to fix it if possible. Each motion is based on a different set of criteria therefore they are determined separately, and you must provide a basis for both.

This challenge is made either through the filing of a motion to reopen or reconsider (motion, or MTR) with the USCIS, or an appeal to the Administrative Appeals Office (AAO). 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. 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. So, the firm petitioned Immigration and Customs Enforcement (ICE) to join a motion to reopen. Citizen of Guatemala wins political asylum reversal from the Board of Immigration Appeals based on a claim of persecution for exposing political corruption in her home country.