Disturbing trend in I-601A adjudications

In 2014, I started seeing a disturbing new pattern in I-601A adjudications. USCIS started issuing requests for additional evidence (RFE) in which it minimizes the psychological evaluations of the USC (now LPR or USC) spouses. CIS continues to do this, and I have seen many RFEs with this or similar language: “the record fails to reflect an ongoing relationship between a mental health professional and [applicant]. Any conclusions reached in the submitted evaluation do not reflect the insight and elaboration commensurate with an established relationship with a psychologist or mental professional. This renders the findings speculative and diminishes the consultation’s value in the determination of extreme hardship.”

When the LPR/USC spouse has never seen a counselor/psychologist/psychiatrist before, that RFE can pose a huge obstacle. I have been working with a particular Clinical Psychologist (Psy.D.) for many years, and we have created an effective strategy for dealing with this.

If you or your spouse will need to file an I-601 or I-601A and prove extreme hardship, contact me so that I can evaluate your chances of approval. Although my primary offices are in Tampa, Florida, and Gresham, Oregon, I handle cases for immigration clients all over the USA and throughout the world. My email address is samasbury@comcast.net. Also see my FaceBook page called immigration-solutions.

New DACA form published — includes renewals

The DACA form I-821D has been revised so that you can now use it for renewing the DACA-based work permits and extending deferred action. Go to http://www.uscis.gov/i-821d

Motion to Reopen to rid of Removal Order to proceed with USC son’s I-130 petition

I met with a man in Tukwila, yesterday, who entered the USA with a tourist visa and whose 25yo son is a US citizen. Easy, right? Son petitions for dad, and dad gets a green card. The problem is a removal order from two years ago. Apparently he never received the Notice of Hearing from the court and so he was ordered removed in absentia (in his absence). The plan is to file a Motion to Reopen, and then we can proceed with the green card application based on son’s petition.

Received a green card approval for a client who was brought across the Mexican border as a child in the back seat of a car. Associate attorney Diane Grover and I were able to use the case matter of Quilantan, submitting proof client did not cross the border illegally, and so our client adjusted her status here in the USA without having to return to Mexico.

U Visa provisional approval for menacing with a knife where there is no physical harm

I received a provisional approval for a U Visa that associate attorney Diane Grover and I have been working on for quite some time. A U Visa is for an alien without status who has been the victim of a crime such as assault, rape, etc. This provisional approval is huge, because I was skeptical about the Immigration Service (CIS) approving an application where the crime was menacing (with a knife) without any physical harm. All U Visas are given out for this fiscal year, so my client gets deferred action (protection from deportation) until the application is formally approved next fiscal year.

Surreal I-751 interview

Received from a man I prepared for his recent I-751 interview . . . .

Sam,

I just wanted to drop you an email and let you know that the green card was approved in under five minutes. It was a rather surreal experience. A guy came out (Officer G–) and called my name. I picked up my banker box of documentation and he said, “Wow, you brought a lot.” I said, “Well, I wanted to make sure I was prepared. I have another box in the car if we need it.” He chuckled and said something like, “I don’t think we’ll need it.” A little small talk while we walked down the hallway into his office. He closed the door, asked me to remain standing so I could swear an oath then said, “Do you promise or affirm to tell the truth?” I replied, “Yes.” We both sat down and he said, “Well I’ve looked through your paperwork and everything appears to be in order. I’m going to go ahead and
approve it. I just need to see your green card, passport, and driver’s license.” He reviewed my ID, compared them to his case file, asked me to confirm that my address and phone number were still the same (they are) and then said, “Well I think that does it.  I’m going to mail it back to D.C. and you should get your green card in the mail in about a month, sometimes it takes a little longer – 4-6 weeks . . .”.

http://www.immigration-solutions.com

I-751 victory based on hardship and abuse

We won a case this week where the client had filed an I-751 Petition to Remove Conditions on Permanent Residence. The client had been abused by her husband, so we filed the I-751 based on both abuse and hardship, including documentation proving those issues as well as the bona fides of the marriage. CIS scheduled an interview, and we presented additional evidence at the interview. It was approved the day of the interview. See immigration-solutions.com

New I-601A provisional hardship waiver procedures

Starting March 4, 2013, individuals seeking lawful permanent residence based on an approved petition by an immediate relative but who are not eligible to adjust status in the USA and were afraid to leave the USA in order to use the consular processing procedure because their past unlawful presence blocks their return for 10 years, have the option to file a “provisional waiver” application before leaving.

After the immediate relative petition (I-130) has been approved, CIS will transfer the case to the NVC. If the I-130 was filled out correctly, this will happen automatically. Then the NVC will send the applicant fee bills which are paid online. Then the applicant must notify the NVC of his/her intent to file an I-601A by e-mail to NVCi601a@state.gov.

The NVC will make sure to schedule the immigrant visa interview only after USCIS has made a decision on the provisional stateside waiver application. Failing to notify NVC could result in the case being scheduled for interview at a U.S. embassy or consulate abroad before the applicant is ready. If NVC has already scheduled the visa appointment before the applicant has a chance to contact it, the applicant must notify the consulate at which the appointment is scheduled to let it know the applicant will be applying for the provisional waiver and to ask that the interview be postponed until the applicant notifies the consulate that USCIS has made a decision on the application.

The DOS has estimated that it will schedule applicants for their immigrant visa interview within about two or three months of CIS approving the stateside waiver and the applicant filing all the necessary visa forms and documents. Applicants can remain in the USA during this time. http://www.immigration-solutions.com

LPR Cancellation victory today in removal proceedings

We had filed an EOIR-42B with the Immigration Court on behalf of the client, and after we presented the case to the Immigration Judge (IJ) today, the IJ granted client Cancellation of Removal. Client can keep his green card and remain in the USA with his family. Client had come to me in the Spring of 2012 because he needed to renew his green card. He told me about a recent arrest for unlawful possession of a firearm. That was his only criminal history, and I advised him of the risk of filing the I-90. We filed the I-90, and several months later, ICE showed up at client’s home and detained him. He was not eligible for release on bond due to the nature of the conviction. We asked the DHS attorney for “administrative closure,” but he refused even though he knew we would win the case. We submitted plenty of evidence in support of the application, and today we were able to demonstrate to the IJ that client deserves a second chance. In five years, client will be able to apply for naturalization without fear of that conviction haunting him. If you need advice about the risk a conviction poses to renewing a green card, contact me at samasbury@comcast.net.

I-90 approved while in removal proceedings

I filed an I-90 for a client in early 2012. He had an old conviction for unlawful possession of a firearm. Although that’s a deportable offense, the chances of being placed in removal proceedings seemed low because client had a strong case for relief from removal. Nevertheless, ICE went and detained client and charged him with being removable. I just learned that client’s I-90 was approved even though he is in removal proceedings! Approval of the I-90 just means he will get a new green card while he awaits his individual hearing. Approval of the I-90 does not affect removal proceedings.