Results


Motion to Rescind In-Absentia Order and Reopen Removal Proceedings

Our client was Ordered removed in December 2009 when she failed to appear for her hearing before an Immigration Judge. We filed a Motion to Reopen claiming that our client had complied with the USCIS change of address requirements but the Immigration Judge denied our request. We filed an appeal with the Board of Immigration Appeals and they agreed with our arguments that the Immigration Judge committed reversible error.

Our client was released after a bond hearing once her case was reopened. She will now be allowed to stay in the United States.

Motion to Reopen granted by the Board

Adjustment of Status – Reason To Believe

Our client, a Jamaican National, was arrested four times in the past for domestic violence and possession with intent to deliver a large amount of marijuana. Ultimately, each case was dismissed but our client was denied a green card by USCIS both on discretion and on “Reason to Believe” he is a drug trafficker. “Reason to Believe” is a legal term and this allows USCIS to deny a green card based on a reasonable belief that the person is a drug trafficker even without a conviction.

At a removal proceedings hearing before a Miami Immigration Judge, our client and his wife testified. Although it was a close call for the Immigration Judge, he ultimately decided in our client’s favor. We showed that he was a person of good moral character and his wife testified to how important he is to the family.

Green Card Approved

Citizenship as Defense to Deportation

Our client, a Canadian National, entered the United States in 1997 as a Lawful Permanent Resident (Green Card). Unfortunately, she was arrested and convicted in 1998 of possession of cocaine. It was not until 2010, when she traveled outside the United States and returned, that she was flagged as an immigration violator for having been convicted of a drug crime. Due to the timing of the conviction, there was no defense to deportation other than proving that she was eligible for United States citizenship and demonstrating that there are hardship and compelling factors in her case to close her deportation proceedings to let her apply for citizenship.

The Miami Immigration Judge denied our initial request to allow her to apply for citizenship. We appealed this decision to the Board of Immigration Appeals and they decided in our client’s favor. Once sent back to the Miami Immigration Judge, he reversed his own decision and found that there were compelling circumstances to warrant closing her deportation proceedings and allowing her to apply for citizenship.

Today, May 15, 2015, our client took the Oath of Citizenship and received her Naturalization Certificate.

Citizenship granted

Adjustment of Status with Waiver of Inadmissibility

Our client, a Guyanese national who last entered U.S. in 1993 on a C1 crewmember visa was convicted in 2000 in Broward Co. of Felony Battery (originally charged as aggravated child abuse.) The alleged victim in this case was his two month old daughter. Our client says he was coerced into giving a confession about shaking her when she wouldn’t stop crying so he pled guilty.

All the children were removed from their home by DCF and placed with sister in Virginia. Client and wife only had visitation rights for two years. While children (and child with injury) were in her care, sister took victim child to specialized children’s hospital in D.C. where it was determined that child was born with selective mutism and triple x chromosome which can be the cause of learning disabilities which child has now.

Our client was able to file for adjustment with 212(h) waiver for his CIMT due to an I-130 Petition that made him 245(i) eligible. His qualifying relatives were his USC wife of 17 years and his 3 USC children.

We succesfully argued that the child’s learning disabilities and other issues were the result of a genetic disorder and not an alleged shaken baby episode. Our client still needed the waiver of inadmissibility because he plead guilty to the felony battery even though he knew he was innocent.

After a lengthy removal hearing, the Miami Immigration Judge granted adjustment of status with a waiver.

Adjustment of Status with Waiver Granted.

Political Asylum

Client in removal proceedings requesting political asylum from Guatemala. Client was denied political asylum in Canada and denied before the Asylum Office in Miami. We represented the client before the Immigration Court in Miami and successfully defended his case and he was granted political asylum. As a result, he does not have to return to Guatemala.

Political Asylum Granted.

Joint Motion to Reopen

Filed Joint Motion to Reopen on behalf of a Guatemalan National who had been previously ordered removed from the United States by an Immigration Judge in Miami Immigration Court in 1996. The client married a United States citizen. Our Miami Immigration Lawyers filed a Joint Moition to Reopen based on this marriage with the United States Immigration and Customs Enforcement Prosecutors, who agreed to join our motion. The Joint Motion was filed with the Board of Immigration Appeals and granted by them.

Motion to reopen granted

Deportation Defense

Client was convicted by plea in July 2005 of Purchase of a Controlled Substance. In 2009, she was detained for deportation by United States Immigration and Customs Enforcement. Her deportation from the United States was almost certain due to conviction for an Aggravated Felony. After careful examination of her conviction records revealed a defect, a Motion to Vacate the criminal conviction was filed. The Motion to Vacate was granted and the deportation was avoided. She will be able to remain a lawful resident and will most likely attain United States citizenship in the future.

Deportation avoided; Lawful status retained.

Immigration Bond Hearing

Nicaraguan National who is a wife of a United States Citizen with a pending I-130 and I-485 with USCIS. She was being detained at Glades County Correctional due to a conviction for theft. Despite the conviction, we achieved an immigration bond before the Immigration Judge at the Krome Processing Service Center, also know as Krome Detention Center.

Immigration Bond granted.

Cancellation of Removal

24 year old who entered the United States with his mother and sister when he was 13 years old. He had applied for adjustment of status to lawful permanent resident but was denied. His mother, a lawful permanent resident, is terminally ill and is currently receiving hospital treatment. The client was placed in removal proceedings and we submitted an application for cancellation of removal for non-permanent residents based on extreme and exceptionally unusual hardship to his mother if he were to be deported from the United States. After a full hearing before an Immigration Judge, an Order was entered granting permanent residency to our client. He will now be able to remain in the United States to help care for his ailing mother. The trial attorney from the Office of Chief Counsel did not reserve appeal so this is a final order.

Cancellation of Removal Granted.

Cancellation of Removal

Client who has been a lawful permanent resident since 1989, with three convictions dating back to 1991 – 2006. He was placed in removal proceedings and we applied for Cancellation of Removal for Permanent Residents. After a hearing on the application for relief, the Immigration Judge granted the case and the client can remain in the United States as a lawful permanent resident.

Cancellation of Removal granted.

Miami Immigration Laws

miami immigration laws

Miami immigration laws differ from federal regulations when it comes to enforcement. Miami was a sanctuary city. This means that they did not enforce some federal immigration regulations. Also, Miami did not inquire about citizens that may be in the U.S. illegally. Lastly, Miami at one time refused to hold illegal immigrants or transfer them to federal agencies.

Pressure from the Tump administration means that Miami has to start enforcing all of the federal immigration regulations. Also, if Miami makes the decision to continue serving as a sanctuary city, it could me cuts to federal budget funding.

Miami Immigration Laws: The Basics

Employment

Miami abides by the federal rules on employment. Local business must verify every prospective employee’s immigration status. All businesses must have employees fill out an I-9 form. This form which the federal government provides verifies the employment eligibility of the individual.

Florida also now requires the use of the federal E-Verify system, unlike many other states. This system verifies a person’s eligibility to work in the U.S. online. An executive order issued in January of 2017 now requires all employers to use the E-Verify system.

Driver’s License

The State of Florida requires every individual to prove their citizenship to receive a driver’s license. Documents that prove your citizenship include a social security card, a U.S. passport, your birth certificate, immigration documents, or a foreign passport with accompanying USCIS documentation. The state also requires you to provide proof of your address with two documents such as utility bills, bank statements, or the title for your car.

Law Enforcement

There have been some changes to the enforcement of Miami immigration laws. In January, jails in Miami-Dade County received instructions to start complying fully with federal laws regarding immigration. This means using the federal “Secure Communities” program. This programs requires jails to fingerprint detainees and run their fingerprints through a database which checks their immigration status and criminal background.

Also, Miami-Dade jails now transfer detainees to federal agencies when they suspect that they are here illegally.

Miami Immigration Laws: The Basics

Federal laws prohibit illegal immigrants in Miami from receiving certain public health benefits. Programs like social security, disability, and welfare programs are all off limits for people with a questionable immigration status. However, there are some benefits that these individuals are eligible to receive. These emergency services include healthcare and other benefits that the government deems “necessary to protect life and safety.”

Miami Immigration Laws: The Process

The Miami immigration laws are the same as the rest of the country. The path to legal residency differs depending on your specific situation. For example, the process is very different for someone that has political asylum as it is for someone to comes here on a work visa. Here is a general outline of the immigration process:

  1. To come to the U.S. legally, you must first apply and receive approval for a visa. There are different types of visas for students, employees, and asylum seekers.
  2. Secondly, you must live in the U.S. for a specific amount of time to qualify for permanent resident status. This length of time varies depending on the visa. For example, someone that comes to the U.S. on an asylum visa is only required to be here for a year before starting the green card process. However, the government requires someone here on a work visa to live in the U.S. for up to five years before applying.
  3. Once these requirements are met, you must fill out the correct forms. Depending on your situation the forms vary. Also, applicants must not have any criminal convictions or pending cases. Issues with criminal charges can disqualify an individual from applying for a green card.
  4. After you have done your part, you have to wait. The immigration system in the U.S. is slow. It can take up to two years to process your application. There will be extensive interviews and background checks. Also, you will have to learn about the history of the U.S.
  5. Once your application receives approval, you will swear an oath to the United States in a ceremony.

How an Immigration Attorney Can Help

While the outline above may seem simple and straightforward, the immigration process is anything but easy. A Miami immigration attorney can help you understand the Miami immigration laws. An attorney can help you to prepare for the process. Also, an immigration attorney can help you determine the proper forms to fill out and speed up the procedure. Contact Pozo Goldstein today to see how they can help.

Undocumented Immigrants Still Enter the U.S. the Same Ways Despite Trump

undocumented immigrants

During his campaign, President Trump stood in front of many crowds and made claims that he would stop illegal immigration. Here we are a few months into his presidency, and everything is pretty much the same. Undocumented immigrants are still making their way into the country, and they are still using the same tactics.

You may be thinking “but what about the wall?” Well, the problem is that the wall will do little to curb illegal immigration from Mexico.  Also, a wall is any easy obstacle to overcome. There are ladders in Mexico after all.

Undocumented Immigrants: Tactics

There are some tactics that undocumented immigrants use to cross the border. The first tactic that immigrants use to cross the Mexican border is a ladder. Guides, also known as coyotes, place a ladder on the Mexican side of the border wall and a similar ladder on the U.S. side. Illegal immigrants then climb over the wall. Border Patrol agents have thousands of miles of border to cover and can’t be everywhere at once. So, this tactic is relatively successful.

Another strategy that immigrants use is floating across the Rio Grande river in makeshift rafts. These rafts are often made from repurposed car tires. The immigrants first must survive the river crossing, and then they have to trek for days through harsh desert landscapes to make it to civilization.

Another common tactic that smugglers use to get people across the border is on vehicles that are driven through checkpoints. The smugglers use all of their ingenuity to find ways to get people across the border. A wall will do nothing to stop this type of immigration by undocumented immigrants.

Tunnels are also a common tool that smugglers use to get people across the border. These tunnels are very well made. Smugglers hire engineers to ensure that a tunnel remains safe. They spare no expense when it comes to construction of these complex tunnels. Undocumented immigrants use these tunnels to gain entry into the U.S. every day.

The most common way that immigrants come to the U.S. is by plane. An estimated 40% of illegal immigrants come on planes. The difference is that these people at one point had a visa. Once here, these immigrants overstay their visas. While you may not consider these people in the same light as someone that hops a border wall, they are the same according to the law. So unless this new wall is going to be a mile and a half high, most undocumented immigrants will still be able to gain entry into the country.

About the Wall

President Trump made claims that could prove difficult to back up. He repeatedly mentions that his wall will be impenetrable. So what will the wall cost? The estimates range from $12 billion to $20 billion. The actual cost may prove to be even higher. Trump made a request in the 2017 federal budget for $1 billion. This $1 billion is for only 68 miles of wall.

How long will the wall have to be to cover the entire Mexican border? The border between Mexico and the U.S. is just shy of 2,000 miles long. With the first 68 miles costing $1 billion, it is anyone’s guess as to the final cost of the project.

The biggest issue with an impenetrable wall is that you can still go under it or fly over it. A border wall can never be truly impenetrable as President Trump claims.

Legal Immigration

Legal immigration into the U.S. is a difficult process. The application requires numerous documents as well as meetings with immigration officers. The process of legal immigration is known as naturalization.

Naturalization starts with gaining entry into the U.S. through a visa. There are a number of visas that an immigrant can apply for. Speak with a Miami immigration attorney to see what kinds of visas apply to you.

Once you have lived in the United States for more than five years, you can apply for naturalization. There are also some other requirements you have to meet. You can find more details about the naturalization requirements here.

Because of the complexity of the application process, it is wise to consult with an attorney before applying. The attorneys at Pozo Goldstein have decades of experience guiding people through the difficult immigration procedure. Contact Pozo Goldstein today to see how they can help you become a U.S. citizen legally.

Green Card Holder’s Rights and President Trump’s Current Immigration Policy

green card holder's rights

The Changing Face of Immigration

Things have changed a lot since English settlers arrived in New England hundreds of years ago. John Smith never had to worry about green card holder’s rights. There was no such thing as a green card. Witchcraft was a pressing issue. A group of men threw tea off a boat, and New England was no longer part of England.

Today, the United States is a country celebrating nearly two and half centuries of independence. It has a long legal process that immigrants must go through to stay in America. Boston Harbor no longer has tea brewing in it, but some say you can still see a witch hunt occurring in America. This time, the hunt targets immigration.

Recent Bans Raise Many Questions

According to NPR, the recent ban on travelers from six predominantly Muslim countries has unsettled the nation’s green card holders. When the Trump administration put the ban into effect, border patrols denied entry into the United States to many permanent residents with green cards. These travelers originated from the affected countries in the ban. The White House eventually announced green card holders were exempt from the ban. However, many began to wonder if the green card was good enough to stay in America. Now, many are rushing to become full-fledged American citizens.

A Green Card Holder’s Rights

For the vast majority of green card holders, there is no reason to worry about being deported. As a permanent resident, a green card holder has more rights than someone simply here on a visa. The green card gives people three distinct rights as declared by the U.S. Citizenship and Immigration Services:

  • Permanent residents have the right to permanently live in the United States.
  • Green card holders have the right to work and seek qualifications of his or her choosing.
  • All the laws in the United States will protect anyone holding a green card.

Different Statuses, Different Rights

There are several differences between a green card holder’s rights and the rights of a U.S. citizen. For instance, a green card holder’s rights do not include voting. Although the UCIS insists that green card holders “support the democratic form of government,” green card holders cannot take part in the American democratic process. Permanent residents also cannot get certain jobs due to security reasons.

Unlike citizens, the right to live in the U.S.A goes away if someone “commits any actions that would make you removable under immigration law.” Also, Green card holders also don’t have the same freedom of movement outside the country as citizens. There is a time limit on how long someone with a green card can live outside of the U.S.A. After this time limit, they lose their green card. Finally, a green card holder’s rights do not extend to receiving the same assistance or benefits a citizen gets from the government.

Where Will Immigration Policy Take Us?

American history is a history full of different immigration stories. Thanksgiving, one of the nation’s most revered holidays, celebrates the meeting of English immigrants and Native Americans. The Statue of Liberty, one of New York City’s most iconic landmarks, presided over the entry of millions of immigrants in the late nineteenth and early twentieth centuries. There is no doubt about it: the United States is a nation built on immigration. Today the story follows the Trump administration and what it will do to change immigration policies.

Arrests and deportations are on the rise. Consequently, ICE has been working overtime in some places. The Guardian reports that many who are seeking green cards are being arrested and deported during their application process. Unfortunately, applying for a green card does not give you the same rights as having a green card. The world is watching, and thirty-eight percent of U.S. colleges are reporting that international applications are on the decline. No one knows yet how far “extreme vetting” will go, and no one wants to start their education only to receive a deportation notice sophomore year. One big change Trump is pushing for is a merit-based immigration system. This shift would decrease the number of unskilled workers allowed to enter the country. Every person who wants to join the American dream will have to prove they are “skilled enough” to take part.

One Thing Stays the Same

The Trump administration recently announced it will keep one major part of immigration policy. According to FOX News, Trump will continue to allow non-citizens a path to citizenship through military service. This path to citizenship also includes spouses of U.S. armed forces members. Anyone who wants to become a citizen through military service must first become a permanent resident. Of course, the restriction on traveling abroad does not apply to permanent residents in the military. If you follow this path to live in America, you could end up anywhere in the world!

Get Help with Your Permanent Residence or Citizenship

If you or someone you know needs assistance with your residence or citizenship application, or if you have any questions about these issues, contact Pozo Goldstein for a free consultation now.

Immigration Lawyer Miami – U.S. Citizenship

Colombian national with an Aggravated Battery arrest and a pending I-751 to remove the conditions of his residency. Applied for citizenship while the I-751 was still pending. Citizenship granted.

Citizenship approved and granted simultaneously.

Deferred Action for Early Childhood Arrivals

Our client, a citizen and national of Venezuela, entered the United States as a visitor for pleasure in 2001. He is a graduate of high school and is currently attending college. We applied for DACA and he was approved for deferred action.

DACA approved.

Removal of Conditions – I-751 With Waiver

Our client, a Chinese National, was married for less than two years to a United States citizen. Prior to her marriage, she was arrested for Prostitution. The case was dismissed. Although the client was granted conditional residence, her marriage to not last and she was required to apply to remove the conditions with a waiver of the joint filing requirement. We prepared the application and went to the interview at USCIS in Miami with our client.

I-751 granted with waiver of joint filing

Battered Spouse Self Petition

A woman from Jamaica entered the United States and settled in Broward County, Florida, overstaying her visitor’s visa. She entered into what she thought was a happy marriage with a seemingly, loving, United States citizen husband. They spoke about her becoming a lawful permanent resident through her marriage to him and that he would also petition for her two children who remained behind in Jamaica. Unfortunately, her husband became abusive and even though she became pregnant with his child, he began to abuse her physically and threaten her with deportation if and when she did not yield to his every wish. Luckily for her, she met with one of our partners who explained that she could petition through the Violence Against Women Act (VAWA). Once she was safely out of the abuser’s home and into a safe haven, she was able to have her two young daughters from Jamaica join her in the United States, by entering on tourist visas. Our office filed an I-360 petition on her behalf and submitted ample documentation on her marriage to the United States citizen and also provided evidence of the abuse she suffered at his hands. We supplemented this filing once their child was born with proof that the child was fathered by the abuser.

Client eligible to adjust status

Adjustment of Status

We were hired by a gentleman from who resided in Broward County, Florida. He had applied for naturalization previously but had never received a final resolution due to an FBI hit that showed he had an arrest in New York in the 90s. My client was certain he was never arrested in New York and didn’t know where to turn.

We began his representation by filing an inquiry pursuant to the Freedom of Information Act (FOIA) as well as run an FBI background check under his name. We discovered that his previous application for citizenship was denied since he did not provide the documents from the alleged New York arrest. Because we have an office in Manhattan, we were able to immediately petition the local court in New York for any documents regarding our client’s alleged arrest. We were able to obtain a certified document from New York that cleared our client from any alleged arrests and stating that his background was clear. We filed for his naturalization again and brought this certified document to the interview.

Passed citizenship exam. Received US citizenship

Adjustment of Status

We were hired to represent a woman from the Philippines who was married to a United States citizen but had separated before they reached the two year point in order to file the I-751 and remove the conditions of her residence. Unfortunately, her husband had become abusive and had actually taken most of her corroborating documentation regarding the marriage. She had filed police reports in the past, based on his abuse and had copies of these pertinent documents. including a current stay-away order. At the interview, the USCIS Officer asked questions about the relationship and our client revealed that even though she had a restraining order against her husband, she was currently seeing a counselor and hoping that they would reconcile in the future.

Lawful permanent residence granted.

Adjustment of Status

A woman from Morocco, who overstayed her visa, married a naturalized United States citizen, originally from the Philippines. He husband petitioned for her and they attended their first interview with USCIS in Orlando, unrepresented. We were hired, after the first interview, when the couple did not feel it went well and were concerned that the decision might not be a favorable one. Some of the concerns at the outset were a rather large age difference between the couple, as well as significant cultural and religious differences. We immediately made and attended an infopass appointment and asked the supervisor for information regarding USCIS’s thoughts on the couple’s case. After several weeks, we were able to obtain a second interview for the couple that we attended with them, armed with new and significant documentation regarding their marriage.

Prior to the interview, we gathered additional bona fides of their relationship, and prepared an extensive notice of filing that included details such as proof of payment for furniture that the couple had purchased when they were first married and photos documenting their relationship from its inception, up until the second interview.

Conditional permanent residence granted.

Motion to Rescind In-Absentia Order and Reopen Removal Proceedings

Our client was Ordered removed in December 2009 when she failed to appear for her hearing before an Immigration Judge. We filed a Motion to Reopen claiming that our client had complied with the USCIS change of address requirements but the Immigration Judge denied our request. We filed an appeal with the Board of Immigration Appeals and they agreed with our arguments that the Immigration Judge committed reversible error.

Our client was released after a bond hearing once her case was reopened. She will now be allowed to stay in the United States.

Motion to Reopen granted by the Board

Motion to Reopen Due to Error on Removal Order – Miami Immigration Lawyer

Our client, a Jamaican National, was ordered removed by an Immigration Judge in Miami, Florida for not appearing at his hearing. The Immigration Judge ordered him removed to Haiti, although he is Jamaican. While in immigration custody, we notified the detention and removal department that our client could not be deported to Haiti. The Immigration and Customs Enforcement trial attorney filed a motion to the Immigration Judge to amend the Order and change the country to Jamaica. We opposed this and argued that the case should be re-opened. The Immigration Judge agreed with our argument and re-opened our client’s case. As a result, he was released from custody on immigration bond and will be able to obtain his green card based on his marriage to a United States citizen.

Motion to Reopen granted. Released from custody.

Motion to Reopen Sua Sponte Before the Board of Immigration Appeals

Our client had a conviction from 1996. He was ordered removed from the United States years later in 2002. The conviction was vacated and, therefore, the sole ground for deportation no longer existed. We asked the Office of Chief Counsel in Miami to agree to reopen the case. They refused. We then made a motion directly with the Board of Immigration Appeals which remained pending for many months. We filed another motion asking the Board to consider our initial motion unopposed due to no response from the Government. The Board of Immigration Appeals granted our motion, reopened removal proceedings and terminated proceedings. Our client is now a lawful permanent resident again.

Motion to Reopen granted

Joint Motion to Reopen

A Haitian National who was ordered deported in 2000 and later married an American citizen. We filed a request with Immigration and Customs Enforcement to join us in a request to reopen his case before the Board of Immigration Appeals. After many months of negotiation with the Office of Chief Counsel Trial Attorney, they agreed to join us and our client will now be able to adjust his status to lawful permanent resident through marriage.

Joint Motion to Reopen Approved

Joint Motion to Reopen

Our client arrived to the U.S. in 2001. She and her United States citizen husband have been married for over four years although they have been together for more than ten. They live in California and have substantial shared commodities and family and community ties. Our client and her husband also own a business together. We filed a request to the Office of Chief Counsel, Immigration and Customs Enforcement, to join in our motion to reopen. They agreed.

Joint Motion to Reopen Approved

Joint Motion to Reopen

Our client arrived to the U.S. in 1992. She and her United States citizen husband have been married over eight years and they have two United States citizen children. They are excellent parents who have set up a Florida Prepaid College Plan for each of their children and support them scholastically. She has substantial shared commodities and family and community ties. She has also invested in the economy and complied with the federal laws by filing income tax returns. She had an Order of Deportation. We submitted a request for the Government to join our Motion to Reopen.

Joint Motion to Reopen agreed by Government.

Joint Motion to Reopen

Our client is a native and citizen of Pakistan who applied for his green card through marriage to his United States citizen wife who is a native and citizen of India. Their case was heard at the Miami Immigration Court by an Immigration Judge. They were both very nervous. They were represented by an attorney. Unfortunately, they were caught in a lie by the Immigration Judge and she held it against them and denied the case. Being dishonest in removal proceedings is one of the worst things to do and will most certainly result in a case being denied. When our firm was retained, we decided the best thing to do was to file a Motion to Reopen with the Immigration Judge. We did so, fully explaining the reasons for the misrepresentation and we further explained that since the hearing, the couple had another child. The Immigration Judge expressed her desire to reopen the case after our arguments but could not because the case had been last decided byt the appeals court. The Judge certified the case to the Board of Immigration Appeals and they reopened the case after reviewing the entire scenario and circumstances and sent the case back to the Immigration Judge. We represented our clients in the new hearing, filed an I-601 waiver, and after a full hearing, our client was granted his green card.

Case reopened, new hearing, adjustment of status

Motions to Reopen In Absentia Orders

Our clients are husband and wife, both citizens of the Phillipines. The wife was arrested for providing false information on a passport application and detained in federal custody until she was eventually transferred to immigration custody. She is the subject of an Order of Deportation in absentia dating back to the 1980’s. The husband was subsequently arrested by ICE and placed in the same immigration detention facility, leaving their U.S. citizen daughter who is only 18 years old home alone. We filed motions to reopen for both cases and the Immigration Judge in Los Angeles agreed with our argument and reopened both cases. Clients were released from custody.

Motions to Reopen granted.

Motion to Reopen To Adjust Status

Our client, a native and citizen of Colombia, was ordered removed along with her family after an Immigration Judge denied their claims for political asylum. Her daughter married a United States citizen and we filed a Joint Motion to Reopen request which was agreed to by the Department of Homeland Security (DHS). As for our client, her Joint Motion to Reopen request was declined by DHS because they questioned her previous testimony in removal proceedings where the Immigration Judge found that her testimony was not credible. Feeling that she was not truthful in her testimony, the DHS declined to join in our motion. We ordered the transcript of the hearing and asked our client to explain in writing each portion of her testimony that the Immigration Judge found not credible. We re-submitted the Joint Motion to Reopen to DHS with the full explanation from our client and DHS agreed to join our request to reopen our client’s case.

Joint Motion to Reopen Granted.

Motion to Reopen and Vacate In-absentia Order

Our client, a native and citizen of Haiti, failed to appear on the date and time of his removal proceedings in the Miami Immigration Court. As a result, the Miami Immigration Judge ordered that he be removed (deported) in-absentia. We filed a Motion to Reopen directly with the Immigration Judge showing that our client did not receive proper notice of the date and time of his removal proceedings hearing. The Immigration Judge allowed the Department of Homeland Security, Office of Chief Counsel, 30 days to respond. After no response was received within the 30 days, the Immigration Judge vacated the removal order and scheduled a new hearing for our client.

Motion to Reopen and Vacate Order Granted

Miami Immigration Attorney – Joint Motion to Reopen

Filed a Joint Motion to Reopen with the Miami Immigration and Customs Enforcement, Office of Chief Counsel for a Guatemalan National, married to a United States citizen with two children, with a previous order of deportation. The individual is the beneficiary of an approved I-130 visa petition filed in 2001. Once the Joint Motion to Reopen was agreed to by ICE Counsel, the motion was filed with the Board of Immigration Appeals and it was quickly granted. He was released from ICE custody and will be seeking adjustment of status in the Miami Immigration Court.

Joint Motion to Reopen granted.

Immigration Lawyer – Motion to Reopen

Cuban lawful resident since May 25, 1984. Detained due to 1994 conviction for the offense of possession of cocaine and grand theft. Ordered deported and was here on an Order of Supervision (OSUP). Another attorney filed a motion to reopen which was denied. We filed a motion directly with the Immigration Judge to file for a waiver of deportation and the Immigration Judge granted our motion.

Case reopened.

Miami Immigration Attorneys – Joint Motion to Reopen

Joint Motion to Reopen Removal Proceedings agreed to by Immigration and Customs Enforcement for Colombian nationals that entered with their kids in 2001 with tourist visas. They were subjects of an Order of Deportation. Their United States citizen daughter petitioned for them and it was approved. Now that their case is reopened, they will be able to become lawful permanent residents of the U.S.

Joint Motion to Reopen agreed to by ICE.

Joint Motion to Reopen – Miami Immigration Lawyers

Native from Peru married to a United States citizen for 7 years with 3 United States citizen children was ordered deported to Peru after her Political Asylum case was denied by an Immigration Judge. We represented her on a Joint Motion to Reopen which was approved by the Office of Chief Counsel in Miami, Florida. Her deportation case was reopened, and she applied for her green card. After an interview at the USCIS office in Oakland Park, Florida, she was granted her green card.

Joint Motion to Reopen granted.

BIA Reverses Motion to Reopen Denial

We filed a Motion to Reopen for our client, a native and citizen of Venezuela claiming that she did not receive proper notice of her hearing date and time. She had been ordered deported in absentia in 2009. The Immigration Judge denied our motion, claiming that our client did not properly notify the Miami Immigration Court of her new address, even though she had changed her address with the United States Citizenship and Immigration Services.

We filed a timely appeal of the motion to reopen denial to the Board of Immigration Appeals in Falls Church, Virginia. The Board reversed the Immigration Judge’s decision, reopened our client’s case, and sent the case back to the Miami Immigration Judge for further proceedings. Our client no longer has an order of deportation and can now fight her case in the Miami Immigration Court.

Motion to Reopen Granted by the BIA

Appeal of I-130 Denial

We represented a United States petitioner and his spouse on a denial of an I-130 petition. The petition was denied because USCIS in Miami found that the beneficiary had entered into a previous marriage and they determined that the previous marriage was entered into solely for immigration benefits. The petition was denied under INA law 204(c). We appealed to the Board of Immigraton Appeals arguing that the District Director did not show that the evidence in the case supported this 204(c) finding. The Board of Immigration Appeals agreed with our argument and remanded the case back to USCIS for further processing and a new decision.

Appeal sustained.

Same-sex Marriage Green Card Petition

A couple was referred to our firm by very close friends who had used our services in the past. The two gentlemen had met many years earlier while mutually “liking” a comment on Facebook. Eventually they decided to meet in person, even though one of them lived in the United Kingdom. They had their first date in Orlando, Florida where they enjoyed the sunshine and fun provided by Walt Disney and friends.

They started a long distance relationship with a few further visits overseas. When the Defense of Marriage Act (DOMA) was finally repealed last summer, they eventually decided they could no longer be apart and wanted to legally marry. It was also decided that they would reside in the United States, so that meant a same-sex marriage petition filed by the United States citizen husband.

Once they were married, we immediately filed the I-130 and I-485 simultaneously. Once fingerprinted, the work authorization card arrived shortly afterwards. It was a very short time after that when the final interview date was scheduled. We prepared the couple for the interview by reviewing the original documents and additional evidence we would be providing at the interview.

Upon our instruction they had assembled a vast array of photographs and memorabilia depicting their relationship. Because the couple were friends of past clients and had specifically requested a certain attorney at our firm to accompany them to the interview, our attorney flew to South Florida from New York in order to attend. We were confident that the interview would be a success.

Case granted. Green Card issued.

H1B – IT Specialist

We submitted an amended H-1B application on behalf of an IT specialist for a global company. This case was extremely complicated, and involved a mistake made on the part of a previous attorney who miscalculated the H eligibility time left for an Indian national. This mistake caused both the individual and the company great distress as they were under the impression he was out of H time and his PERM had not yet been filed, meaning he would have to return to India. After a careful review of his entire immigration history and all travel, we discovered he in fact had another five years of H time left, and had reset his six year clock twice in the last ten years!

The previous attorney completely missed this and almost cost him his ability to continue to work in the United States. The amended petition was approved and the individual now works for the company with the proper validity period he is entitled to. We now can start the PERM process for this company stress free!

Visa approved

H1B – IT specialist

We submitted an H-1B application for an IT specialist on behalf of a global company. The IT specialist was an Indian national. The case required a careful examination of the applicants H-1B history and assurance he was eligible for the time requested. The application was approved. The IT specialist is now working for the company.

Visa approved

H1B Approval

We submitted an H-1B application for a Financial Analyst on behalf of a global company. The applicant was a Chinese national who was reaching the end of her 6th year of H-1B status. We were able to get the PERM application approved, the I-140 approved, and the 3 year H-1B extension approved for the applicant all within a twelve month period. The company can now can continue to employ the individual in H-1B status until she is eligible for her adjustment, worry free!

Visa approved

U Visa

Our client is a citizen of the United Kingdom. While in the United States and living with a United States citizen boyfriend, she was physcially abused by the boyfriend. Our client required hospital treatment. We filed a U visa package for our client and demonstrated that she was, in fact, abused and that she cooperated with the prosecution of the perpetrator.

The U visa was granted and our client will be eligible to apply for a Green Card in three years.

U Visa Granted

B-2 Tourist Visa

Our client, a 38 year old Colombian National who was denied a B2 visa at the age of three when his father applied for him and again on his own at the age of 31. He is not married and has no children and is the manager of an information technology business. He has been a member of Colombian Jewish organizations for over fifteen years and even served as a coordinator, organizer and president for a few of them. He is most involved in Maccabi Colombia which promotes athletic-based activities for Jewish athletes to compete in the Maccabiah games. The purpose of his trip was to attend the Maccabiah games in the U.S. and to attend a friend’s wedding.

After submitting a comprehensive package for him to the consulate addressing 214b concerns, our client was granted a tourist visa.

B-2 Tourist Visa Granted

U Visa Granted – Miami Immigration Lawyer

Our client, a national of the United Kingdom, was the victim of domestic violence by her then-boyfriend. She was punched in the face and suffered injuries.She was transported to university hospital. We applied for a U visa for her to the Vermont Service Center and her U visa as granted. She will be able to apply for a Green Card in 3 years.

U Visa Granted

Same-Sex Marriage Through Parole in Place for Military Families

Our client entered the United States without inspection. His United States citizen spouse served in the military. We were able to obtain a parole-in-place which allowed him to apply for his green card through marriage to the United States citizen spouse.

We filed an I-130 family based petition, however, before the petition could be approved, his spouse passed away. The I-130 petition converted to an I-360 widower petition.

We were able to get the I-360 petition approved.

I-360 Approved after Parole-in-Place Approval

I-751 – Removal of Conditions

We were retained to represent a woman from Serbia, which was part of the former Yugoslavia. She studied in the United States for many years and had attained an advanced degree in Engineering. She met her husband, who had originally emigrated from Serbia, but had already become a United States citizen. The couple had separated prior to their two year anniversary so when we filed the I-751, Petition to Remove the Conditional Status of her Residence, we had to file a waiver, due to the divorce. The interesting and challenging aspect of this particular case was that the couple never officially lived together. They met at a resort town where the husband worked, but our client was not able to find employment in the same location. We had to provide evidence that they tried to work out their long distance relationship by submitting copies of airline tickets and itineraries documenting the extensive commuting that the two undertook in order to salvage their relationship. We did not have the usual evidence such as a lease agreement or mortgage, utility bills or joint bank account statements. The main evidence we submitted was photos taken during their times together, affidavits from family and friends and affidavits from each of them. Once we submitted the package, we were given an interview approximately a month later.

Result:

Happily our client was granted Lawful Permanent Resident status at her interview. The immigration officer at USCIS examined the evidence we submitted in addition to asking our client questions describing the marriage and its ultimate demise. The officer was satisfied, based on the evidence and the testimony presented that our client had entered into her marriage for love and not for immigration purposes. In less than three years our client will be able to apply for citizenship.

Case Granted