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.

Bad advice in Ciudad Juarez

Roxana finally made it through the long three-step consular processing and got an immigrant visa interview at the U.S. Consulate in Ciudad Juarez (CDJ). She went to that interview last week, and her husband Jose has been giving me a play-by-play of the process there in CDJ. Jose felt they needed some local assistance, so they consulted with a company called Servicios Internacionales MTZ. This company’s representative — we’ll call him “agent” — incorrectly told them their already-completed I-601 was insufficient and must be redone. Agent incorrectly told them a form I-212 was required. Agent told Jose to send a filing fee of $587, but the correct fee amount is $585. That mistake means Roxana will spent at least a couple weeks longer in Mexico waiting for her immigrant visa and being reunited with her family. Beware non-attorney “experts.”

New immigrant visa procedures at Ciudad Juarez, Mexico

This is an update applicable to immigrant visa applicants who have a USC spouse and have been in the USA illegally and are going to Ciudad Juarez (CDJ) for an immigrant visa (IV) interview. The paper form DS-230 must now be completed online, and the online version is DS-260. That must be done before the National Visa Center (NVC) will make the IV appointment. Once the NVC sends the applicant the IV appointment letter, the applicant should work with an attorney to complete a hardship waiver package to avoid application of a 10yr bar for being in the USA illegally. The applicant takes the hardship waiver package to CDJ. The applicant should arrive in CDJ at least three business days prior to the IV appointment, because the applicant will need to complete a medical exam and a fingerprint appointment. To get the fingerprint appointment, call the Consulate and give them applicant’s passport information and the confirmation number for the completed DS-260. For phone numbers, see: http://usvisa-info.com/en-MX/selfservice/us_service_options. The addresses of the two approved medical clinics for exams are at the CDJ web site. Once purpose of the IV appointment is to determine whether the applicant is even eligible to file a hardship waiver application, so after the IV appointment the applicant must mail the hardship waiver application package, with filing fee, to the lockbox address in Phoenix. Once that application is approved, the applicant can return to the Consulate for issuance of the IV.

What to look for in an immigration lawyer

When looking for an immigration lawyer, the first thing to look for is whether s/he is a member of American Immigration Lawyers Association (AILA). While a lawyer does not have to be a member of AILA to practice immigration law, AILA is the best resource for immigration lawyers to keep up on the constant changes to laws, regulations, procedures, and case law regarding immigration. There is a mentor network that new AILA members can use to get quick guidance from experienced immigration attorneys who volunteer their time as mentors. The second thing to look for is an attorney who has experience in Immigration Court. More experience is better, of course. Even if the matter seems to be routine, the attorney experienced in Immigration Court will be able to strategize effectively in case the client ends up in removal proceedings. The third thing to look for is the lawyer’s experience with appeals. People rarely seek help from a lawyer in routine cases. The tough borderline cases the lawyer is most likely to see could be denied, and if your case is like that, then you want a lawyer who can competently assess the chances of particular arguments and prepare for an appeal. However, no lawyer can promise a particular petition or application will be approved, so beware of lawyers making grand claims and promises about what they can do.

Motion to Reopen Allows for I-130 Approval

Mrs. O has an old deportation order, but she recently attended an I-130 interview with her lawful permanent resident (LPR) husband without fear of detention or deportation. When Mr. and Mrs. O first received the notice for an interview in conjunction with Mr. O’s I-130 on his wife’s behalf, they were both afraid, because they knew Mrs. O had failed to attend a deportation hearing years before and thus she had been ordered deported in absentia (in her absence). However, her prior attorney had given her incorrect advice about the hearing, and she also had a basis for applying for asylum, so I filed a Motion to Reopen the removal proceedings. About a month later, Mr. and Mrs. O attended the I-130 interview, and the Motion to Reopen was still pending. The CIS officer approved the I-130, and Mrs. O was allowed to return home with her husband.