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Important Disclaimer: Please read carefully the Terms of Service. If USCIS has made a fraud allegation, then you should absolutely appeal or file a motion to reconsider or file a motion to reopen, whatever is appropriate. 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. In addition, our client's father had abandoned him when he was nine years old. He sought the firm's help. Outcome: On September 9, 2017, our client was sworn in as a citizen of the United States. 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 firm disagreed and recommended that our client file a coram nobis in the criminal court. Border patrol released the citizen of Yemen, but he was shaken nevertheless. Case was reopened for reconsideration i-458 italia. This must be new evidence that the individual was unaware of prior to the initial application, and applicants will need to convince USICS that they were unable to submit this evidence originally. File an I-290 B Notice of Appeal – Another option for I-485 applicants is to appeal their denial to the Administrative Appeals Office. For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. Essentially, the state court must make a special finding (1) that the minor was subjected to abuse, neglect or abandonment by one or both parents and (2) that it is not in the best interest of the child to be returned to his home country.
Request Reconsideration from a Judge. The Firm's Representation: A non-citizen who enters the United States illegally generally cannot get a green card here in the United States – illegal entry is a bar to adjusting status to that of a lawful permanent resident. After quite a lot of discussion, the firm convinced our client that this prior advice was incorrect and the firm advised our client to file an application for naturalization, which the firm did. If applicants can prove that USCIS committed a legal or factual error when denying the application, USCIS may reverse the decision and issue applicants green cards. Does not condone immigration fraud in any way, shape or manner. I'm wondering what's the timeframe of my I-485 / Greencard? Citizen of Portugal and Mexico granted citizenship by operation of law. Our client was once again a lawful permanent resident. Case was reopened for reconsideration i-485 fee. On March 2, 2023, my case was reopened for consideration and was approved the following day. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers. 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.
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. I - 485 Case Reopened. The adjudication process of reopening TPS cases with United States Citizenship and Immigration Services (USCIS) takes quite a while, typically about a year. I 485 case reopened. Our client can now apply for permanent residency which he plans to do right away.
For example, you may be able to opt for other immigration options or make a legal motion to reopen your case – these routes can lead to your petition's approval after NOID. 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 was really happy to be able to help our client reach his goals.
Our client eventually accepted a residency position at prestigious hospital in Baltimore, Maryland and he is on his way to becoming a full-fledged medical doctor. The firm was outraged and accepted the representation. Even though the citizen of Guatemala had a green card, he had several convictions for theft and he was inadmissible to enter the United States. My lawyer filed 1-290B on my behalf on the same month. First, the office that issued the unfavorable decision will conduct an "initial field review: This can take up to 45 days. I485 Approved and seconds later status Changed to “Case reopened “ - Adjustment of Status Case Filing and Progress Reports. 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. You can contact ICE via email at or you can telephone ICE at 1-866-347-2423. Facts: In early 2013, a citizen of El Salvador came to the firm seeking a solution to his immigration problems. Usually, the I-290B is decided within 2 months, and if approved the I-765 and I-131 are reinstated.
Comments: The firm has won many cases on or after appeal. My question is if any where in the same boat as me, and when did you end up getting a decision? 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. 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. In our client's case, INS denied our client's TPS application because she missed a biometrics appointment. This can take up to 6 months (or longer) from the time it receives a complete case record after the initial field review. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. 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 form realized that our client was eligible for NACARA. 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. Then, the firm then processed our client's immigrant visa at the U. The USCIS does not publish specific processing timeframes for motions. Comments: This was an odd case because our client had what seemed like a very strong asylum claim based on exposing political corruption in her country and the firm was perplexed when the immigration judge denied the claim. What are My Options When My I-485 Application is Denied. Our client had an in absentia removal order from 2005 from when he crossed the U. border and was placed in removal proceedings but failed to attend his immigration court hearing.
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. Citizen of Cambodia receives INA 212(c) relief, seventeen years after he was unjustly deemed ineligible for such relief. Re-filing gives individuals the chance to start the process from the very beginning, which can give them the ability to build a stronger foundation before re-submitting. What is USCIS case status message "Case Was Reopened"? What comes next and how long does it usually take? | Lawfully. Appeals to the AAO must be filed within 30 days (33 days if you received the denial letter in the mail). Outcome: On September 4, 2019, the Board of Immigration Appeals reversed the decision of the immigration judge finding that our client had indeed met her burden to demonstrate that she was the victim of past persecution on account of her anti-corruption political opinion and remanded the case to make findings, if any, that the country conditions in Guatemala have changed to such an extent that would rebut a presumption of future persecution. You are not alone, and we will fight for you.
The firm asserted that our client would be harmed in his home country of Sierra Leone based on his sexual orientation. Our client stated to the firm that he had been advised by an immigration attorney that a conviction for the Maryland offense of identity theft would not affect his immigration status. It also is necessary to understand current trends and developments related to key matters, including the important issue of processing timeframes. This individualized approach has served the firm well because so far the firm has never had a Provisional Unlawful Presence Waiver denied. Facts: In early 2017, a citizen of Mexico came to the firm seeking help from being deported. Luckily, our client had no further brushes with law enforcement which always helps. The Firm's Representation: Reopening TPS cases can be very tricky and every case is different. Outcome: Based on the firm's extensive documentation and testimony from an country conditions expert, on March 11, 2013, the Immigration Judge granted our client CAT protection. The Firm's Representation: Our client walked into the firm's office for a consultation at 5:00 pm. 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). While a faster appeals process generally is best for all parties involved, there are situations in which a long adjudication process can be beneficial for the applicant/s, and may factor into the development of legal strategies. You should only file for the Motion to Reopen and Motion to Reconsider if you meet the requirements and qualifications for both. In this case, our client's father was a Portuguese national who came to the United States as a child and later naturalized before our client was born.
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. Mandamus suit in federal court prompts USCIS to grant green card application for a citizen of El Salvador who was "waved through" the border. After intense briefing on the issue of the court's jurisdiction to make SIJS findings even though the minor turned 21 years of age, the Wicomico County Circuit Court made the nunc pro tunc SIJS findings. Our client was only two weeks away from turning 18 years old and the firm had to act quickly because the Maryland state courts have guardianship jurisdiction until the minor turns 18 years old. The firm told our client that he had to be placed in removal proceedings to get a green card. If the decision is reopened, the underlying case is returned to pending status and the USCIS issues a second decision on the case.