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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. I485 Approved and seconds later status Changed to “Case reopened “ - Adjustment of Status Case Filing and Progress Reports. The USCIS does not publish specific processing timeframes for motions. The citizen of El Salvador sought the firm's help. The firm recognized that our client should never have taken a guilty plea because the evidence was insufficient to sustain the charge to theft. It is important to note that you'll need to make sure that you've cleared up whatever underlying problem caused your adjustment of status application to be denied in the first place. If you are one of a number of immigration applicants, you can't skip this process: checking your case status on the USCIS website.

Uscis I 485 Case Was Approved

A Motion to Reconsider or Reopen. 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. Request Reconsideration from a Judge. Then, the firm then processed our client's immigrant visa at the U. Citizen of India receives U. citizenship with theft conviction. File an I-290 B motion to reopen/reconsider the I-485 application – Generally, with the help of an experienced immigration lawyer, this option is preferable. Motions to Reopen / Reconsider and Appeal. After you present all evidence has, the judge will make the decision and if the judge approves it, you will finally get a green card.

I 485 Case Transferred To Another Office

The administrative appeals process has two stages: - The initial field review, and. Facts: In early 2017, a citizen of Mexico came to the firm seeking help from being deported. Case was reopened for reconsideration i-485 application. The firm placed our client in removal proceedings. Once guardianship and the special finding have been made, the minor can self-petition for a visa with USCIS. Luckily, that process included documentation from our client's father that professed financial support and paternity of our client, all of which occurred before our client turned 18 years of age. 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. In our client's case, he had been sentenced to 18 months incarceration, which could have triggered an "aggravated felony" classification.

Case Was Reopened For Reconsideration I-485 Petition

The firm quickly drafted a motion to reconsider sentence and emailed the motion to the firm's colleague who agreed to deposit our client's motion in the after hours drop-box for the Montgomery County Circuit Court. Comments: This was an extremely gratifying case for the firm because we were able to salvage a case that did not seem salvageable at first, but the firm would not give up on our client's case because we believed that our client had been tragically wronged by his previous attorney and we were determined to fix it if possible. 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. I-140 approved from denial. Needless to say, our client was extremely happy with the outcome. The firm is in the process of helping our client apply for a work permit again, over ten years after her last one was approved. AAO Processing Times. Our client is awaiting a decision by DHS whether to appeal the case to the Board of Immigration Appeals. Uscis i 485 case was approved. The firm responded to the RFEs and patiently explained to USCIS that our client was indeed eligible for naturalization. Outcome: On January 28, 2016, three years after the firm started the representation, our client entered the United States with his immigrant visa. Facts: In August of 2017, a citizen of Ecuador came to the firm seeking help with his Special Immigrant Juvenile Status (SIJS) petition. Further review showed that our client had walked into the the firm's office on exactly the 90th day after he was sentenced for his theft conviction. A motion to reopen requires that the applicant provide new facts that are supported by affidavits or other new evidence.

Case Was Reopened For Reconsideration I-485 Application

Facts: In 2013, a citizen of El Salvador and her child and her brother came to the firm seeking help. Making matters worse, our client's interviewing officer at USCIS was a recent transfer from California and was not familiar with Maryland law. Thankfully, the Board of Immigration Appeal recognized the strength of our client's claim and reversed the immigration judge's decision. The Firm's Representation: Our client had been placed in removal proceedings. 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. 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. 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. What are My Options When My I-485 Application is Denied. The firm believed that our client deserved citizenship and both the firm and our client never gave up, despite the numerous setbacks.

A Motion to Reopen presents new facts, evidence, or a change in law or policy that demonstrates the adverse decision was incorrect. My lawyer filed 1-290B on my behalf on the same month. 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). The Firm's Representation: Citizenship by operation of law can be very tricky, especially in this case. Citizen of El Salvador was granted U. citizenship after three and half years of litigation. At trial, the government conceded that our client merited withholding of removal, but opposed a grant of asylum. Case was reopened for reconsideration i-485 petition. Form I290B must be filed within 30 days of a USCIS or DOL decision.

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