Concurrently, the firm submitted a family based I-130 petition to USCIS. What are My Options When My I-485 Application is Denied. We can only recommend that you get an experienced immigration attorney to help you every step of the way. If the USCIS favorably reconsiders, this results in an approval of the case that was previously denied. The Firm's Representation: This case was one of the most difficult cases that the firm has ever handled because the initial outlook for the case was not good at all. After near deportation, citizen of El Salvador enters the United States with a green card.
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. The firm attended an interview with USCIS, but USCIS would not make a decision on the case, even after two years of waiting. El Salvadoran refugees of gang violence granted asylum. Case was reopened for reconsideration i-485 number. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. The Firm's Representation: At first, the firm was concerned that we could not help our client since he had already turned 21 years of age, which is the cut-off age to obtain SIJS benefits.
If the USCIS does not choose to treat the case as a motion, it forwards the matter to the AAO for an independent review and decision. If you are one of a number of immigration applicants, you can't skip this process: checking your case status on the USCIS website. If USCIS has sent you a Notice of Intent to Deny (NOID) or a Notice to Intent to Revoke (NOIR), there is little choice and you must respond to these notices. No matter which option you think is best, we recommend you speak with an experienced immigration attorney first. But, the firm prides itself on fighting for our clients' rights, no matter how long and how far, when we believe in merits of our clients' cases. Appeals and Motions to Reopen and Reconsider. So, the firm asked the appellate court to stay the appeal while our client applied for naturalization. For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today.
The goal of the AAO is to process appeals within 180 days. The Firm's Representation: Reopening TPS cases can be very tricky and every case is different. After you present all evidence has, the judge will make the decision and if the judge approves it, you will finally get a green card. Understandably, our client was nervous about applying for naturalization. I485 Approved and seconds later status Changed to “Case reopened “ - Adjustment of Status Case Filing and Progress Reports. 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. Important Disclaimer: Please read carefully the Terms of Service. He asked whether he had to indicate on his residency applications that he had a conviction. If the office decides not to take favorable action, it will forward the appeal to the AAO.
In such cases, the only way to get a green card is to apply for an immigrant visa at an embassy in the non-citizen's home country, then travel to that country, then attend the interview at the embassy, then receive a determination of inadmissibility based on illegal presence in the United States, and then apply for a waiver which may take two years to adjudicate. The firm believed that our client deserved citizenship and both the firm and our client never gave up, despite the numerous setbacks. In Maryland, criminal defendants have 90 days to file a motion to reconsider the sentence. 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. 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. It is important to note that you'll need to make sure that you've cleared up whatever underlying problem caused your adjustment of status application to be denied in the first place. Request Reconsideration from a Judge. The Firm's Representation: In 2013, the Maryland offense of second degree assault was potentially an aggravated felony under the INA. I 485 case was approved next steps. We feel you when you log on to the USCIS and enter your case number countless times to check any updates on your visa application. In April of 2019, our client was tired of waiting and engaged the firm to file a mandamus in federal court to compel USCIS to make a decision on our client's I-485 green card application. After our client's assault conviction was re-sentenced as a probation before judgment, the firm received a call from our client.
Does not condone immigration fraud in any way, shape or manner. An experienced immigration attorney will best be able to pinpoint where the initial application failed and what it would take to succeed moving forward. 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. I'm wondering what's the timeframe of my I-485 / Greencard? Then, the firm then processed our client's immigrant visa at the U. To schedule an initial consultation with Yekrangi & Associates today, do not hesitate to contact us at (949) 478-4963. You are not alone, and we will fight for you. Case was reopened for reconsideration i 485. 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. The firm recognized that our client should never have taken a guilty plea because the evidence was insufficient to sustain the charge to theft.
Our client was lucky, but sadly thousands of green card holders were deported by a United States immigration system that obstinately and unjustly denied their legal right to apply for INA 212(c) relief, a relief that would have provided these green card holders a chance to retain their legal status and remain in the United States. Please follow the instructions in the notice. To check the status of your motion, contact the USCIS Contact Center at 800-375-5283 and ask for a "service request. 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.
He had been in the United States for nearly 25 years. Citizen of Sierra Leone wins CAT protection based on sexual orientation despite three "aggravated felony" convictions. Facts: In early 2013, a citizen of El Salvador came to the firm seeking a solution to his immigration problems. Outcome: On January 3, 2018, the Anne Arundel County District Court granted the coram nobis petition and vacated our client's conviction for the Maryland offense of identity theft.
It may seem pointless to continue with your case in the face of repeated setbacks. Processing Delays Beneficial in Some Situations. There was no way to reopen our client's case through the immigration court. 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. Citizen of Yemen obtains citizenship after successful coram nobis petition. In 2013, the citizen of El Salvador came to the firm for help.
The Firm's Representation: Our client's partner testified against gang members at a murder trial in El Salvador. 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. Both 1-140 and I-485 was concurrently filed in November 2021 but since my I-140 took a different route, when should I expect it? 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. The adjudication process of reopening TPS cases with United States Citizenship and Immigration Services (USCIS) takes quite a while, typically about a year. The filing and processing rules for motions and appeals are complex and require a thorough understanding in order to decide on the proper course of action after a denial has been issued on a petition or application. If USCIS has made a fraud allegation, then you should absolutely appeal or file a motion to reconsider or file a motion to reopen, whatever is appropriate.
Our client did the personal work to keep himself out of trouble and the firm did the rest. Copyright © 2013-2021, MURTHY LAW FIRM. Outcome: Our client was granted an INA 212(h) waiver and he was able to retain his green card. So, in April of 2017, the firm filed our client's I-485 application for permanent residency based on the approved I-130 from her U. citizen spouse and the "wave through". Court of Appeals for the Fourth Circuit. Outcome: On February 22, 2016, our client, her son, and her brother were all granted asylum protection in the Baltimore Immigration Court. Outcome: On December 29, 2014, our client was given a certificate of U. citizenship. Facts: A citizen of Sierra Leone was placed in removal proceedings and charged as an "aggravated felon. " Everybody makes mistakes and everyone deserves a second chance. Once filed, the USCIS office that issued the denial is also responsible for making a decision on the motion. Outcome: On September 4, 2019, the Board of Immigration Appeals reversed the decision of the immigration judge finding that our client had indeed met her burden to demonstrate that she was the victim of past persecution on account of her anti-corruption political opinion and remanded the case to make findings, if any, that the country conditions in Guatemala have changed to such an extent that would rebut a presumption of future persecution. 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. The Firm's Representation: Our client was a minor.
Citizen of Guatemala retains his green card with a 212(h) waiver. The firm told our client that, under Maryland law, a probation before judgment cannot be considered a conviction for any purpose (although for immigration purposes, a probation before judgement still remains a conviction). USCIS Case Status Message Explorer was created based on Lawfully-analyzed 63, 060 cases of I-765 in Based on a pending I-485 adjustment application category from the most recent year. The Firm's Representation: Our client had been placed in removal proceedings. Facts: In August 2014, a citizen of El Salvador came to the firm seeking help with his asylum case in the Baltimore Immigration Court. 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. Form I290B must be filed within 30 days of a USCIS or DOL decision. First, the firm helped our client file a bar complaint against his previous attorney. We have successfully obtained naturalization for our clients with criminal convictions, even after they had been initially denied naturalization. You May be Interested in... Immigration Q&A. However, our client never applied for asylum. If the decision is reopened, the underlying case is returned to pending status and the USCIS issues a second decision on the case. 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).
If the USCIS issues a denial, the applicant / petitioner usually has the option of filing an MTR to challenge that decision. His previous attorney billed him thousands of dollars, but ultimately, the attorney did nothing for the citizen of El Salvador. Meanwhile, in the immigration court, our client's eligibility for cancellation of removal was being questioned by the immigration judge who requested briefing on the issue from the firm. Citizen of Ecuador has his I-360 Special Immigrant Juvenile Status visa approved through nunc pro tunc findings after turning 21 years of age.
The El Salvadoran citizen tried several times to have the case reopened with no luck. This means that you can give the same I-485 to the immigration judge and present your case without needing to file a new petition or pay application fees again. Appeals to the AAO must be filed within 30 days (33 days if you received the denial letter in the mail).
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