Immigration & Naturalization Law

Our attorneys represented a client who needed to renew his green card but had five stricken criminal charges related to battery, assault, DUI and domestic battery plus one guilty plea to domestic battery resulting in conditional discharge. Our attorneys submitted the completed I-90 Application along with all relevant documents related to the client’s criminal history and legal papers explaining the circumstances related to each arrest. Client’s application was approved and he received his green card within 90 days of submission.

Our client had entered the U.S. on a fiancé visa and married her fiancé. Soon thereafter, our client began experiencing emotional, mental and sexual abuse at the hands of her new husband and was thrown out of the marital home for not complying with her husband’s abusive behavior. Our attorneys proved our client’s abuse by submitting a lengthy, chronological statement that set forth each instance of her abuse during her short marriage and provided evidence, including medical records and detailed statements of friends and family members who witnessed or were aware of various instances of the abuse. Our client’s I-1360 petition was successfully approved and she subsequently got approval on her I-485 Application for adjustment of status to that of a permanent resident.

The Violence Against Women Act authorizes immigrants to self-petition if they are a battered spouse married to a U.S. citizen or lawful permanent resident. This self-petition is much more commonly used by battered women but our client was a man who was abused by his U.S. citizen wife. We proved our client’s abuse by submitting a lengthy, chronological statement that set forth each instance of his emotional abuse during the marriage and provided evidence, including medical records and detailed statements of friends and family members who witnessed or were aware of various instances of the abuse. Our client’s I-1360 petition was successfully approved and he subsequently got approval on his I-485 Application for adjustment of status to that of a permanent resident.

Our attorneys represented a client who had come to the US at age ten, crossing the Mexican border in a car. Our client and the passengers in the car were “waved in” by a border patrol officer, meaning that they were physically seen by an officer but were not given an entry stamp in their passports or documents verifying their entry. Our client was married to a US citizen and was eager to file for her adjustment of status based on her marriage. She did realize however that with certain limited exceptions, applicants for adjustment of status must prove that they were “admitted” to the US; that is, that they made a legal entry into the country. Although our client did not have any evidence of her admission beyond her testimony, our attorneys prepared her for the interview and outlined her journey in a legal memo, arguing that based on the testimony presented her entry constituted an “admission”. The interviewing officer agreed with our position and approved our client’s I-485 Application at the interview. She received her green card shortly thereafter.

Our attorneys represented a client whose I-485 Application was denied because he had been previously arrested for possession of cocaine. He had initially pled not guilty to the charge but later changed his plea to guilty. He later withdrew his guilty plea and the conviction was vacated a result of the underlying procedural and substantive defects in his original criminal proceedings. The denial decision indicated that our client was ineligible to adjust his status to that of permanent resident because the officer had determined he was inadmissible due to his previous conviction and alleged admission of committing a drug offense. Our attorneys filed a Motion to Reopen and Motion to Reconsider the decision to deny our client’s I-485 Application. Our brief established that our client was not convicted of a crime involving moral turpitude because the charge was later vacated, that the interviewing officer erroneously denied the application when she should have requested further evidence, and there was no admission of committing a crime of moral turpitude. A few months later, our motion was granted and USCIS reversed their position. Our client’s I-485 Application was subsequently approved and he became a permanent resident of the U.S.

Client was offered a position in a corporation where she was the main shareholder. Her initial attorney had submitted an I-140 Immigrant Petition for Alien Worker and I-485 Application to adjust her status to that of a permanent resident. Unfortunately, the Petition and Application were denied because the USCIS concluded that the fact that the client was the main shareholder raised questions to as to whether there was a bona fide job offer. When the client came to us, our attorneys submitted an appeal before the Administrative Appeals Office (AAO), arguing that a corporation is a legal entity distinct from its sole stockholder, and there was nothing that would require a conclusion that a corporation was precluded by law from filing a visa petition on behalf of the owner. They further pointed out that there was no misrepresentation as during the certification process it was disclosed that the client was the main shareholder. Based on our attorneys’ strong legal papers, the I-140 was approved and the client successfully completed her adjustment process.

Our attorneys represented a client who had unintentionally registered to vote while renewing her driver’s license at a Secretary of State Office. We advised our client to request that the local voter registration office remove her from the voter registration log. Following her request, the local office removed our client from the voter registration log, confirmed our client’s removal from the voter registration log and verified that she had never voted. Our attorneys then organized and filed all of this information with her Naturalization Application and prepared the client for her naturalization interview. United States Citizenship and Immigration Services (USCIS) took a detailed statement at the interview which we attended with her and helped her provide. USCIS approved the N-400 and scheduled our client for a Naturalization Oath Ceremony. Our client attended the ceremony and officially became a United States citizen.

Our attorneys represented a client who had obtained her green card through her elder son five years earlier. During the five years, client had several trips outside the US, one of which was 364 days. The reason for her multiple and sometimes lengthy trips had been to take care of her younger child who was unable to immigrate to the US with her and was attending school in their home country. At the interview our attorney established that the client did not break her continuous residence despite her trips abroad as she continuously maintained her residence in the US by filing taxes, having assets in the US and her husband remained in the US during most of the time she was abroad. Client’s Naturalization Application was approved and she was scheduled for the oath ceremony shortly thereafter.

Our attorneys represented a client who had been convicted of misdemeanor shoplifting and sentenced to probation and imprisonment, of which she had partially served. Our attorneys prepared legal papers arguing that the client’s crime qualified under the petty offense exception and because both the maximum possible penalty and term of imprisonment conditions were met, the granting of the exception was mandatory. Finally that client’s conviction of retail theft did not preclude a finding of good moral character as she had led an exemplary life since the incident. Client’s Naturalization application was approved and she was scheduled for her oath ceremony shortly thereafter.

Our attorneys represented a client who had been convicted of unlawful possession of a firearm and defacing identification marks of a firearm. Client retained our office to prepare his N-400 Application for Naturalization as well as to prepare and accompany him to his interview. Our attorneys prepared the client’s application and submitted an affidavit from client’s employer verifying the client’s good moral character. We also prepared the client for the interview to explain the circumstances surrounding the unfortunate incident leading to his arrest. At the interview, our attorneys argued that the client had shown reformation by maintaining a clean criminal record for more than five years since his conviction. Client’s Naturalization application was approved and he was scheduled for his oath ceremony shortly thereafter.

Our attorneys represented a 42 year old Naturalization applicant who was unable to speak, read and write English and could not learn US History and Government because she suffered from Trigeminal Neuralgia, a nerve disease that is characterized by intermittent, shooting pain to the face. As a result of her condition she could not concentrate to learn and maintain new information. Pursuant to our attorneys’ legal advice and guidance, the client obtained a detailed Form N-648 Medical Certification for Disability Exceptions with supporting medical documentation and we applied for Naturalization seeking a waiver of the English and US History and Government requirements. Our client’s N-648 Application was approved following an appeal and she became a US Citizen shortly thereafter.

Our attorneys represented a fifty-five year old Naturalization applicant who suffered from depression and early stage dementia due to hypertension. As a result of her medical condition, she was unable to speak, read and write English and could not learn US History and Government. Pursuant to our attorneys’ legal advice and guidance, the client obtained a detailed Form N-648 Medical Certification for Disability Exceptions with supporting medical documentation. We applied for Naturalization seeking a waiver of the English and US History and Government requirements. Our client’s N-648 Application was approved on the day of her Naturalization interview and she became a US Citizen shortly thereafter.