Background Information on Appeals. It may seem pointless to continue with your case in the face of repeated setbacks. Prior to the trial, the gang members tried to intimidate the witness by threatening the witness' girlfriend (our client), and her child and her brother. Hopefully, with the firm's help, our client will obtain his permanent residency in the not too distant future. Because the chance of securing a different outcome through the appeal is so unlikely in most cases, attorneys typically avoid this option and opt for re-filing. Case was reopened for reconsideration i-485 fee. It also may serve to preserve the age of a beneficiary child under the Child Status Protection Act, if the I-140 ultimately is approved. 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. Outcome: On June 21, 2019, USCIS granted our client's green card application. I - 485 Case Reopened. The Firm's Representation: Our client had been a green card holder for 27 years, but he had been convicted of two counts of Maryland theft in 1996 and 1997.
Motions to Reopen / Reconsider and Appeal13 Jan 2021. At this hearing, applicants will need to submit the same documents they initially submitted when applying with the first I-485, but you can also bring any additional evidence (including witnesses) that you think will help your case be stronger. On July 18, 2019, our client was granted asylum. Facts: In January 2014, a citizen of Portugal entered the United States on the Visa Waiver Program and came to the firm because she thought she might be a citizen of the United States. Unfortunately, the Immigration Judge denied our client's asylum application in November 2015. Motions to Reopen / Reconsider and Appeal. The USCIS does not publish specific processing timeframes for motions. I'm wondering what's the timeframe of my I-485 / Greencard?
Refile with a New Green Card Application. The client was needless to say overjoyed and celebrated July 4th as newly minted permanent resident of the United States. Outcome: Our client is now a citizen of the United States. I485 Approved and seconds later status Changed to “Case reopened “ - Adjustment of Status Case Filing and Progress Reports. The procedures governing the filing and processing of MTRs and appeals are complex, and important issues such as timing generally must be carefully considered before proceeding with such a filing. The goal of the AAO is to process appeals within 180 days. Instead of briefing the issue in the immigration court, the firm simply filed a copy of the order from the criminal court and asserted that our client was now eligible to move forward on his application for cancellation of removal for certain non-permanent residents pursuant to INA 240A(b) since he had no conviction at all. Processing Delays Beneficial in Some Situations.
Medical or marriage evidence? Which option you end up taking is up to you. First, the firm helped our client file a bar complaint against his previous attorney. Thankfully, the Board of Immigration Appeal recognized the strength of our client's claim and reversed the immigration judge's decision. Several weeks later, ICE detained our client in order to physically deport him. Down but not done, the firm convinced our client to file a petition for review in the U. Facts: Last year, the firm reported that our client's removal proceedings had been reopened, sixteen years after our client had been unjustly deemed ineligible for INA 212(c) relief and ordered removed. At trial, the government conceded that our client merited withholding of removal, but opposed a grant of asylum. What are My Options When My I-485 Application is Denied. The last step is that the minor can apply for a green card with USCIS. 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. However, the actual time may vary as the Motions are processed in the order in which they are received.
Understandably, our client was nervous about applying for naturalization. Nevertheless, our client was nervous the entire time, based on the initial advice from his prior immigration attorney and based on the RFEs from USCIS. I 485 case transferred to another office. Needless to say, our client was extremely happy with the outcome. We have successfully obtained naturalization for our clients with criminal convictions, even after they had been initially denied naturalization.
Citizen of El Salvador is granted a green card through NACARA after being voluntarily placed in removal proceedings. Our client is awaiting a decision by DHS whether to appeal the case to the Board of Immigration Appeals. If U. S. Citizenship and Immigration Services (USCIS) approves the petition filed by your U. fiancé or spouse (on Form I-129F or I-130) to help you immigrate, but then denies your application for a green card via adjustment of status (on Form I-485), the next steps can be complicated. Facts: In August of 2017, a citizen of Ecuador came to the firm seeking help with his Special Immigrant Juvenile Status (SIJS) petition. 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. Case was reopened for reconsideration i-485 uscis. 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. It also is necessary to understand current trends and developments related to key matters, including the important issue of processing timeframes. Timeframe to Process Motions. 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 firm believed that our client deserved citizenship and both the firm and our client never gave up, despite the numerous setbacks. After near deportation, citizen of El Salvador enters the United States with a green card.
Depending on each person's situation and the reasons for the denial, the following are details about the different options that applicants may be able to try in the event of an I-485 denial. Citizen of India receives U. citizenship with theft conviction. If you are one of a number of immigration applicants, you can't skip this process: checking your case status on the USCIS website. Court of Appeals for the Fourth Circuit. Citizen of Guatemala wins political asylum reversal from the Board of Immigration Appeals based on a claim of persecution for exposing political corruption in her home country. The firm quickly realized that he could qualify for Special Immigrant Juvenile Status (SIJS). The firm told our client that, under Maryland law, a probation before judgment cannot be considered a conviction for any purpose (although for immigration purposes, a probation before judgement still remains a conviction).
Because our client never applied for asylum, USCIS did not have jurisdiction over his NACARA application. The request was denied in December 2013. The sentence reduction paved the way for our client to seek an INA 212(h) waiver in the Immigration Court. 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. Facts: In September 2012, a citizen of El Salvador was desperate to get his green card. The Firm's Representation: Reopening TPS cases can be very tricky and every case is different. Does not condone immigration fraud in any way, shape or manner. Facts: A citizen of Sierra Leone was placed in removal proceedings and charged as an "aggravated felon. "
Fortunately, in August 2014, ICE agreed to reopen and terminate our client's removal order. 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.