Appeals And Motions To Reopen And Reconsider

Thursday, 11 July 2024

Then the firm filed a motion in the Wicomico County Circuit Court to reopen our client's custody case and asked the Wicomico County Circuit Court to make nunc pro tunc SIJS findings. Case was reopened for reconsideration i-485 number. He was placed in removal proceedings and came to the firm for help. A Motion to Reconsider is based on the evidence present when the case was originally filed. This can take up to 6 months (or longer) from the time it receives a complete case record after the initial field review.

Case Was Reopened For Reconsideration I-485 Uscis

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. The fastest & simplest way to know USCIS status updates. The Firm's Representation: After our client's case was reopened, venue for the removal proceedings was moved to the Charlotte, North Carolina Immigration Court, near where our client resided. The argument for reopening at that point was straight forward. Facts: In December 2015, a citizen of Guatemala came to the firm seeking a pathway to getting a green card. Case was reopened for reconsideration i-485 uscis. Although decisions made by the USCIS on many types of cases may be appealed to the AAO, denials issued for certain types of cases that involve discretionary decisions may not be challenged in that manner, such as on applications to adjust status (I-485s). The Firm's Representation: Our client's partner testified against gang members at a murder trial in El Salvador. 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. After near deportation, citizen of El Salvador enters the United States with a green card. If you do not have any other form of status outside of the I-485 application, allowing you to stay, you will likely receive a Notice to Appear. He sought the firm's help. However, according to the latest AAO processing times, this 180-day goal usually is not met. If the office decides not to take favorable action, it will forward the appeal to the AAO.

The firm attended one status hearing with our client in the Immigration Court in January 2013, whereupon a final hearing was set for March 12, 2013. The Firm's Representation: Our client was a minor. We have successfully obtained naturalization for our clients with criminal convictions, even after they had been initially denied naturalization. El Salvadoran refugees of gang violence granted asylum. I 485 case transferred to another office. This can actually be easier than filing a request for review, because you're not asking USCIS to admit a mistake. Hi, a year ago my I-485 Case was administratively closed due to some complications. 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.

The firm disagreed and recommended that our client file a coram nobis in the criminal court. Outcome: On March 31, 2016, our client was finally granted INA 212(c) relief, nearly seventeen years after our client had been unjustly deemed ineligible for such relief. It also is necessary to understand current trends and developments related to key matters, including the important issue of processing timeframes. The firm included additional briefing based on a recent case that had been decided in the Supreme Court, Mathis v. U. S., 136 S. Ct. 2243, 2247 (2016), that supported our client's position. Comments: This case was a very gratifying win for the firm because it was such a hard-won fight. What is USCIS case status message "Case Was Reopened"? What comes next and how long does it usually take? | Lawfully. Even though the citizen of Yemen had a green card, he had an 16-year old conviction for the Maryland offense of second degree assault. My 1-140 was denied (from RFE in November 2022. Facts: A citizen of Sierra Leone was placed in removal proceedings and charged as an "aggravated felon. " The firm quickly convinced our client to appeal to the Board of Immigration Appeals. You should only file for the Motion to Reopen and Motion to Reconsider if you meet the requirements and qualifications for both. The administrative appeals process has two stages: - The initial field review, and. 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.

I 485 Case Transferred To Another Office

The Firm's Representation: Our client walked into the firm's office for a consultation at 5:00 pm. What are My Options When My I-485 Application is Denied. Hopefully, with the firm's help, our client will obtain his permanent residency in the not too distant future. So my case was reopened earli this week, and today I saw on the case tracker that they sent me a Request for initial evidence and they won't make a decision till I reply. In 2013, the citizen of El Salvador came to the firm for help.

Procedurally, cases appealed to the AAO are first sent to the USCIS office that issued the denial decision. He had been in the United States for nearly 25 years. Motions to Reopen / Reconsider and Appeal. 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. The firm told our client that he had to be placed in removal proceedings to get a green card. Citizen of Cambodia receives INA 212(c) relief, seventeen years after he was unjustly deemed ineligible for such relief.

Facts: In early 2017, a citizen of Mexico came to the firm seeking help from being deported. Form I290B must be filed within 30 days of a USCIS or DOL decision. Citizen of El Salvador's Temporary Protected Status is reopened after being closed for over 10 years. A Motion to Reopen presents new facts, evidence, or a change in law or policy that demonstrates the adverse decision was incorrect. You will appear before an Immigration Judge for removal proceedings to tell the judge that you want to adjust your status as a defense from removal at this hearing. The motion can request that the original denial be reopened and/or reconsidered. Outcome: The firm's individualized approach worked to perfection again and our client from Guatemala was granted a Provisional Unlawful presence Waiver on December 16, 2016. Nevertheless, the firm has had quite a bit of success reopening old TPS denial cases.

Case Was Reopened For Reconsideration I-485 Number

The firm responded to the RFEs and patiently explained to USCIS that our client was indeed eligible for naturalization. When appealing to AAO, another officer will look at the same evidence initially sent to the previous officer and determine whether to take action favorable to the immigrant. What can possibly be? This challenge is made either through the filing of a motion to reopen or reconsider (motion, or MTR) with the USCIS, or an appeal to the Administrative Appeals Office (AAO). 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. The Firm's Representation: The firm took our client's case and discovered that our client had a viable claim under the Convention Against Torture (CAT). The form realized that our client was eligible for NACARA. The Firm's Representation: Reopening TPS cases can be very tricky and every case is different. 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.

Once the removal order was terminated and the I-130 petition was granted, the firm filed an I-601A waiver for our client, which was granted on April 1, 2015. 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). During the appellate process, the immigration case law changed such that Maryland theft was no longer being considered an "aggravated felony" theft conviction. Of course, our client was very concerned about being placed in removal proceedings, but the firm assured him that everything would be okay.

The Firm's Representation: The firm believed that our client had a good claim of asylum based on a fear of persecution on account of an imputed political opinion where the persecutor was motivated by mixed motives of local politics and financial gain. Does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Citizen of Yemen obtains citizenship after successful coram nobis petition. 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 difficulty for the firm was that our client had received an opinion from a highly respected and high experienced immigration attorney that our client should under no circumstances attempt to naturalize. But, the firm learned that our client's previous attorney had provided our client with horribly deficient legal representation – the previous attorney had obtained the custody order and filed the I-360 SIJS petition without the SIJS findings and despite repeated notices from USCIS for the SIJS findings, the previous attorney did nothing and allowed our client's I-360 to be denied for abandonment and allowed our client to turn 21 years of age. Citizen of Ecuador has his I-360 Special Immigrant Juvenile Status visa approved through nunc pro tunc findings after turning 21 years of age. 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.

Case Was Reopened For Reconsideration I-485 Forms

Outcome: On July 10, 2014, our client's TPS application was reopened. Processing Delays Beneficial in Some Situations. In addition, our client had two DUI convictions. In our client's case, the firm dug deep into the client's background and the background of his spouse to find the necessary evidence for extreme hardship, the key requirement for a Provisional Unlawful Presence Waiver. Mandamus suit in federal court prompts USCIS to grant green card application for a citizen of El Salvador who was "waved through" the border. Then, the firm filed an I-290 Motion for Reopen our client's denied I-360 SIJS petition with USCIS and submitted the nunc pro tunc SIJS findings, even though the I-360 had been denied almost two years earlier. It may seem pointless to continue with your case in the face of repeated setbacks. Thankfully, the Board of Immigration Appeal recognized the strength of our client's claim and reversed the immigration judge's decision. 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. 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.

Please follow the instructions in the notice. All Rights Reserved. Refile with a New Green Card Application. Our client was actually born in Mexico, but obtained Portuguese citizenship when she was a teenager. So, our client started sending out his residency applications that indicated that he had no convictions and subsequently residency offers started pouring in. Facts: In 2013, a citizen of El Salvador and her child and her brother came to the firm seeking help. The firm worked fast and filed a stay of removal with ICE which was granted several days later. If you are one of a number of immigration applicants, you can't skip this process: checking your case status on the USCIS website. 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". Background Information on Appeals. Facts: In early 2013, a citizen of El Salvador came to the firm seeking a solution to his immigration problems. 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.

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. I-140 approved from denial. Each motion is based on a different set of criteria therefore they are determined separately, and you must provide a basis for both.