Case Status Update: Approvals: Work Permits (EAD), Travel Documents, Alien Relative Petition, Naturalization, Removal Proceedings Terminated Based on Approved I-751 Self-Petition
Initial Employment Authorization Documents (EAD) for Asylum Applicants -We received the following approval notices for initial Employment Authorization Documents (EAD) or Work Permits for the following Asylum applicants:
A client (hereinafter, “X”), who is a native and citizen of Singapore. X’s asylum claim is based on her sexual orientation.
A client (hereinafter “Y”), who is a native and citizen of Nigeria. Y is a rider on his father’s asylum application which is based on their religion.
A client (hereinafter “Z”), a native and citizen of Mali. Z’s asylum claim is based on her membership in a particular social group relating to the practice of Female Genital Mutilation.
Initial Employment Authorization Documents (EAD) & Advance Parole Travel Documents for Adjustment of Status Applicants (Based on Marriage to U.S. Citizen)- We also received the following approval notices for Work Permits (EAD) and Advance Parole Travel Documents based on pending marriage-based Adjustment of Status applications.
A client who is a native and citizen of Brazil:
A client who is a native and citizen of Nigeria:
Finally, we received approval notices for a client, (hereinafter “W”), a native and citizen of Guyana who married a Lawful Permanent Resident. W’s wife filed an I-130 Marriage Petition on his behalf and it was approved in 2015, but a visa number was not immediately available for W so he had to wait to file his Green Card application. In May of 2017, W’s wife became a Naturalized U.S. Citizen, bumping W up to the category of an Immediate Relative of a U.S. Citizen, and thus a visa number was now available for him and he filed the Green Card application, along with the applications for a work permit and travel document based on the pending adjustment application.
All of our adjustment applicants can now legally work and travel abroad while they wait for their Green Card interview.
Work Permit (EAD) Renewal Approved based on Order of Supervision (OOS) - We also received an approval notice for a work permit renewal based on an Order of Supervision for a client, (hereinafter, “U”), a native and citizen of Mali. U was ordered removed back in 1997 but never departed in the country. In 2012, DHS started requiring that U periodically appear at an ICE office to check-in with them for what is known as an Order of Supervision (OOS). So long as U does not decide to detain and deport U he is allowed to renew his work permit every year.
Work Permit (EAD) Renewal Approved Based on Deferral of Removal - We also received an approval for a renewal for permit for our client, (hereinafter “T”), a native and citizen of Cote d’Ivoire (Ivory Coast). T’s work permit is based on his grant of Deferral of Removal. This means that T is permit to reside in the United States permanently and renew his work permit every year, but he does have an Oder of Removal and does not have a path to a Green Card. If T becomes eligible for a Green Card through an alternative means, such as marriage to a U.S. Citizen, we can file a Motion to Reopen his case with the Immigration Court based on the new relief available. Regardless, T can legally remain and work here for the rest of his life.
I-130 Alien Relative Petition Approved for Stepchild of U.S. Citizen - We also received an approval notice for an Alien Relative Petition for our client, (hereinafter “S”), a U.S. Citizen who filed for her Stepson, a native and citizen of Albania. S previously filed an Alien Relative Petition for her husband that was approved in 2015, but did not include her Stepson, a minor child, on the petition as well. She thus had to file a separate petition on his behalf. Now that the I-130 was approved, S and her Stepson will wait for the approval notice to be transferred to the National Visa Center where S’s Stepson will begin the Immigrant Visa process. Once he obtains his immigrant visa, he will be able to enter the United States as a Lawful Permanent Resident.
Naturalization Application Approved - Last week, Attorney Shaffer accompanied our client, (hereinafter “R”), a native and citizen of Japan, to her Naturalization interview. T passed the English & Civics test with flying colors and was approved for Citizenship! This is T’s second attempt at applying for citizenship, her first using a lawyer, and is a textbook example of how different things can go when you do not use a lawyer for your immigration filings. T’s application was not denied because she was ineligible or lacked bad moral character, but based solely on the unstated discretion of her interviewing Officer. When T first came to us, she walked us through the interview and it was immediately clear that he was asking her inappropriate and irrelevant questions and was aggressive and abrasive towards her from the moment she began the interview. It was apparent that he was set out to deny her case from the beginning. The interview this week with Attorney Shaffer by her side was the polar opposite, despite submitting a nearly identical application. The interviewing officer this time stuck to the questions on the application, was very nice to T and granted her naturalization within 15 minutes of stepping not the room.
No, it is not supposed to be like this. It is not supposed to matter whether or not you use an attorney to represent you in your filing and/ or at your interview. Unfortunately, however, this is not the first horror story that we have heard and there does appear to be a double standard. The bottom line: do yourself a favor and hire a lawyer. Of course we always recommend this considering how complicated the immigration laws are. There is no such thing as a straight-forward immigration filing. Even a person with no criminal history or negative factors can run into problems as a result of mistake, confusion or USCIS error. A minor typographical error can turn into unruly delays in processing your application and even denials.
But if you need any more convincing to hire a lawyer to represent you in your immigration matter, let T’s experience be a lesson for you- right or wrong, USCIS interviews tend to be more amicable, less stressful and result in more favorable outcomes when an attorney prepares the filing and is present at the interview. When you have an experienced immigration attorney at The Shapiro Law Firm, LLC, representing you, it is like having a teammate referee the game. We ensure that you are treated fairly, are given the best opportunity to get approved and we are silently cheering you on the whole time!
Motion to Terminate Granted Based on Approved I-751 Petitions to Remove Conditions on Residence for Abused Spouse of U.S. Citizen and Her Son- Finally, the Immigration Judge granted our Motion to Terminate Removal Proceedings for our clients, natives and citizens of Jamaica, (hereinafter "Q" and "P").Q & P obtained their Conditional Residence based on Q's marriage to a U.S. Citizen. After she filed the I-751 Petition, her Spouse became very abusive, forcing her to obtain an Order of Protection from Family Court and file for Divorce. Her first I-751 was denied as it was filed jointly and her husband withheld the mail from her. Q and P did not even know about the denial until they are issued a Notice to Appear in Immigration Court. We then filed a new I-751 Petition for both her and her son, based on a marriage that was entered into in good faith but ended because of the U.S. Citizen's abuse. After the I-751 was approved, we filed a Motion to Terminate with the Immigration Court and that Motion was Granted.
As a result, Q and P both have their 10-year Green Cards, and since their time as Permanent Residents now dates back to the date they initially received the Conditional Green Cards, they are already eligible for Citizenship! We plan to file for Q and P's Citizenship in the new year. Q is thrilled that for the first time in years she can travel back to Jamaica to see her family and return to the U.S. without any concern.
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!**
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