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.

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.

Adjustment of Status

We were hired to represent a couple on their petition for removal of their conditional status, after they were issued a Request for Evidence (RFE) following their initial petition to remove the condition. The husband, the United States citizen, petitioned for his wife, a woman from the Philippines, after meeting her on an overseas Asian dating website and corresponding with her for several months on line. We initially represented them on their application for conditional residence, which was approved almost three years earlier. We responded to the RFE by filing a plethora of documentation surrounding their marriage, including updated photos and affidavits from friends and family members.

At the interview, the Officer asked detailed questions regarding how the couple met and formed a relationship through the dating site. They were also questioned regarding a discrepancy in their addresses. The couple lived at a leased and shared apartment home, but used the husband’s family address to receive all of their mail. The Officer was concerned about this issued, but the reasons were explained and any concerns were cleared up at the interview, including questions regarding a difference in their age and religions.

Lawful Permanent Residence Granted.

Adjustment of Status

We were retained by an Israeli national for an application for U.S. citizenship. Complicating the application was an allegation of abuse of a minor in his native country over 10 years ago. After proving to the USCIS that our client did not have a conviction for a crime involving moral turpitude, USCIS granted citizenship and our client was sworn-in on November 15, 2013.

United States citizenship granted.

Adjustment of Status – Same-Sex Marriage

Same-sex marriage case. Our client, a Colombian National, married his United States citizen spouse and we applied for immigration benefits in the form of a Green Card. After a full interview at USCIS, the case was granted and our client will have his Green Card and permanent resident status.

Green Card 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

Did President Trump Finally Issue an Immigration Policy That Makes Sense?

immigration policy

Another news cycle brings another executive order on immigration from President Trump. This one takes aim at the H-1B visa program. It should be no surprise to anyone at this point that President Trump means business when it comes to immigration policy reforms. With recent initiatives struck down by state and federal courts the President’s supports have become increasingly angry about immigration.

The Executive Order

The executive order is to fully review the country’s H-1B visa program. The idea is to clamp down on those companies, mainly in the tech industry, that hire foreign employees for jobs that require a high level of skill. Trump will commission the Department of Homeland Security, which is the agency responsible for issuing H-1B visas, to review the way they reward the visas. Currently, the DHS uses a lottery system to determine who gets a visa and who does not. He also wants to make sure that visas only land in the hand of highly paid, and specially skilled applicants. The President says that the goal is not to allow companies to hire lower paid foreign employees to replace their U.S. counterparts.

President Trump has bipartisan support to revamp the lottery process. The new system will award visas to the highest paid and most difficult jobs first and not through the luck of the draw. The hope is that this will eliminate outsourcing cheaper labor.

Trump has frequently fanned the flames when it comes to H-1B visa immigration. His claims include companies like Walt Disney forcing laid-off technical workers to train their foreign replacements. While it is hard to substantiate these claims, Trump continues to stoke outrage from his supporters.

The recent executive order does not make any immediate changes to the H-1B visa process. This order is mild in comparison with some of the President’s other executive orders on immigration.

The Current Problem With H-1B Visas

Many people, including those in the tech industry itself, will admit there is an issue with the current H-1B. Many companies abuse the current policy, hiring cheaper foreign employees to replace American employees. Earlier this month the Trump administration made a promise to scrutinize companies that use the system, including site visits. Also, the DHS is going to start requiring programmers applying for visas to prove they’re doing specialized and complex jobs.

The Justice Department is also getting in on the act of cracking down on companies that hire H-1B visa holders. In a stern warning issued in April, the DOJ said it would “not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers.” The DOJ may also allow the Trump administration’s new immigration policy to target a related program that allows spouses of H-1B holders to seek employment.

Who Will the New Immigration Policy Affect?

Many tech giants like Google and Apple are cautiously optimistic that any new policies derived from the executive order will be ok. Most of these visas go to Silicon Valley companies. At least 15% of Facebook and Qualcomm’s American workforces hold H-1B visas. The DHS only awards 85,000 visas a year. Every year tech companies flood the Department of Homeland Security with applications when the window opens in April. In the past few years, the DHS has only been able to accept these applications for five days before they were all spoken for.

The large tech companies in the U.S. should be fine when it comes to applicants. These larger organizations usually follow the letter of the law for visas. The real target of any immigration policy reforms are the outsourcing firms that apply for the same visas. These firms accounted for a third of all visas granted in 2014. Many people consider outsourcing firms to be the responsible parties for replacing American’s with cheaper foreign labor.

Critics of the Newest Immigration Policy

Many people, including outsourcing firms themselves, claim Trump’s idea that American’s are being replaced is simply not true. In a statement issued by India’s leading tech group, The National Association of Software and Services Companies, they claim that Indian companies are being treated unfairly. The statement says “We believe that the current campaign to discredit our sector is driven by persistent myths, such as the ideas that H-1B visa holders are ‘cheap labor’ and ‘train their replacements,’ neither of which is accurate.”

Other critics claim this new executive order accomplishes nothing. Particularly harsh criticism came from Senator Charles Schumer of New York. He said, “Like all the other executive orders, it’s just words — he’s calling for new studies. It’s not going to fix the problem. It’s not going to create a single job.”

Many critics harp on the fact that a large percentage of Silicon Valley start-ups are the brainchild of foreigners.

The Immigration Landscape is Changing

Whether you agree with the President’s immigration policy reforms or not, one thing is certain; immigration is changing. It is now more important than ever to know your rights and have a plan in place for you and your family whether you are here legally on a visa, or you are undocumented. Pozo Goldstein has experience dealing with all forms of immigration. If you have questions or concerns about your immigration status, don’t wait, contact our Miami or New York immigration lawyers for a free consultation.

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