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Neil F. Lewis

Neil Lewis’s Legal Cases

18 total


  • Waiver for Albanian spouse of USC

    Practice Area:
    Immigration
    Date:
    Sep 20, 2008
    Outcome:
    Waivers granted, visa issued
    Description:
    An alien was inadmissable to the US for fraud, overstaying her visa, and for being removed from the US. An I-130 was filed, followed by NVC processing. The Waivers and Applications were filed at the Embassy, and were approved six months later. She is now here in the US with her husband.
  • 240A(b) Cancellation of Removal for native of Mexico

    Practice Area:
    Immigration
    Date:
    Jan 01, 2008
    Outcome:
    Cancellation of Removal Granted
    Description:
    The client was in removal proceedings already, and came to me to see what could be done. The only available relief he had was Cancellation under 240A(b) of the INA, which allows nonpermanent residents present in the US for longer than 10 years, who are persons of good moral character, and who can prove that their deportation would work an exceptional and extremely unusual hardship (the highest hardship standard that exists) upon their US citizen or lawful permanent resident spouse, children, or parent, to obtain lawful permanent residence in the US. Getting 240A(b) for a native of Mexico is difficult, but we were able to show that the only reasonable place for the alien to return to was Mexico City, and that the asthma and breathing issues suffered by the alien's US citizen son (who would be forced to return to Mexico with his dad) amounted to "extreme and exceptionally unusual hardship." The Immigration Judge and the government attorney agreed that the relief was proper in this case.
  • Diversity Lottery Green Cards for already ordered deported family of 5

    Practice Area:
    Immigration
    Date:
    Sep 30, 2005
    Outcome:
    Green Cards Issued
    Description:
    The family had won the green card (also called the "diversity") lottery and went to CIS Tampa at the end of July to get their green cards, only to be told there was an outstanding order of deportation (this was due to a previous asylum application). The father of the family was arrested, and the rest of the family was given 30 days to gather their things and prepare to leave the US. Under great time pressure, because lottery green cards expire October 1, I was able to get the government attorney to agree to reopen the case, I was able to get the father released from custody, I was able to get the BIA to reopen and terminate the case, and I was able to schedule the family for their final AOS appointment in Tampa, 10 minutes before closing on September 30. The entire family now enjoy legal status here in the U.S. This case could not have had a successful conclusion without the efforts of my staff, and the cooperation of the ACC on the case, and the efforts of the clerk at the BIA, who hounded the Judge for me until the decision was made. This case goes to show that CIS and the Immigration Court and the BIA can do very nice things, if they believe nice things are deserved.
  • Green card and citizenship for Client

    Practice Area:
    Immigration
    Date:
    Nov 20, 2008
    Outcome:
    Green card recovered, Citizenship granted
    Description:
    This client came to see me, when her efforts to gain a green card through labor certification were not working. Another lawyer had charged her thousands and thousands of dollars to get a labor certification, but these never worked out for her. She had been a conditional resident of the US some eight years ago, but lost her residence when she missed her scheduled interview. Now eight years and four labor certifications later, she wanted to see what I thought she should do. I immediately had my new client file form I-751. Although this form is designed to be filed at a certain time, you may file late if you can explain why the petition is late. My client had good reasons. The issue for a I-751 is not when it was filed but whether the marriage was real or not. Shortly after filing the I-751, my client again had proof that she was a resident of the U.S. A few months later we had her permanent green card. We immediately filed for citizenship, because her residency was restored to her, so now she was now a resident of the U.S. for more than eight years. Last month, my client became a citizen of the U.S.
  • A Citizen at last!

    Practice Area:
    Immigration
    Date:
    Mar 10, 2009
    Outcome:
    Citizenship Certificate awarded.
    Description:
    My client came to hire me after he learned, much to his surprise, that at the age of 55, he did not have proof he was a US citizen. He grew up in the US, he always identified himself as a US citizen, and his father was a US citizen -- but two applications for passports were rejected. I assisted my client and his father as we prepared an exhaustive exhibit list to go with Form N-600. We needed to prove that my client's father had spent ten years in the US prior to my client's birth. After much research and much hard remembering by the father, we had the proof I thought sufficient. Although my client was nervous, I was confident. At the interview, CIS approved the petition quickly and my client finally had proof that he has been a citizen his entire life.
  • 13 year wait for Green Card ended by hiring Neil Lewis!

    Practice Area:
    Immigration
    Outcome:
    Green Card issued.
    Description:
    My client hired another attorney in 1996 to apply for his green card. After a ten year wait (?!) he received a denial in the mail and his attorney told him nothing could be done. He hired me at the end of 2008 and I got his green card for him within a short time.
  • 240A(b) Cancellation of Removal granted

    Practice Area:
    Immigration
    Outcome:
    Lawful Permanent Residence granted
    Description:
    My client came to see me at wit's end. She was adopted at the age of 1 and brought to the US by her new parents. Although she assumed she was a US citizen, her parents had never done the proper paperwork to get this status for her (any time before she was 18 they could have procured this for her easily). My client had recently learned she was nothing more than an illegal immigrant, and came to me for help. We placed her in proceedings, and applied for Cancellation of Removal under 240A(b) of the INA. I knew that we would get her permanent residence if we would prove that her parents would suffer an exceptional and extremely unusual hardship if she were deported. Months of gathering evidence and documents and witnesses followed, as we prepared. I wanted to leave nothing to chance in this case, and I knew that my clients elderly parents with severe medical problems would probably satisfy the legal requirement. On the day of the final hearing, I was disappointed to see one of the least sympathetic government attorneys facing us. This lawyer objected to the grant of relief by the IJ, and did what he could to make my client and her family miserable and unhappy during the questioning period. The IJ granted permanent residence to my client, and she is eligible to become a US citizen in five more years! I love my job!
  • Charge of Claim to Citizenship Rejected

    Practice Area:
    Immigration
    Date:
    Feb 17, 2010
    Outcome:
    Removability Charge rejected
    Description:
    My client was in removal. He was charged with being removable because the government said he claimed US Citizenship for a benefit under state or federal law, and because he was here without permission. A green card was available to my client, but not if it was found that he claimed US citizenship as the government claimed. The evidence provided by the government was an I-9 employment verification form, on which the box stating "I am a US citizen" was checked, and a mortgage application, again where the box stating "I am a US citizen" was checked. We provided the testimony of my client and some proof showing that he had never misrepresented his status, but that others (his employer, the mortgage broker) may have done so for him. The IJ accepted our argument, the charges were dismissed, and now my client will go forward to be a resident and a citizen.
  • Cancellation of Removal under 240A(b) granted

    Practice Area:
    Immigration
    Date:
    Jan 04, 2010
    Outcome:
    Green card issued!
    Description:
    My client came to see me in a terrible fix. She had just learned, in her 30s, that she was not a US citizen, but she was an illegal alien. This seemed tragically unfair, since she was adopted by US citizen parents when she was six months old and had lived in the US since then. The paperwork granting her citizenship was never completed, and was no longer available after she was 21. We placed my distraught client in removal proceedings, and sought relief based on the exceptional and extremely unusual hardship her parents would face if she was deported. As both of my clients parents were fairly old and medically infirm to one degree or another, I knew we had a good chance. It helped a great deal that my client had lived an exemplary life in the US, and was a tax payer who had never been arrested. The Immigration Judge took testimony and sensibly concluded that my client was entitled to residence in the US -- and she will file for US citizenship in four years and nine months!
  • Green Cards for everyone!

    Practice Area:
    Immigration
    Date:
    Apr 20, 2010
    Outcome:
    Cancellation of Removal granted!
    Description:
    This was a crazy case, because all of the hardship that we alleged would be suffered by the US citizen qualifying relative was based on the hardship that would be suffered by the alien applicant if Cancellation of Removal was not granted. We were quite fortunate in that we had a incredibly sympathetic client, and a receptive audience for our claim from the Immigration Judge and ACC. My client is suffering from dread diseases, including cancer, and we were able to make the case that if she returned to her home country her US citizen daughter could do little but watch her die, as the mother's condition was only stable here because of the great care she receives in the US based on the health insurance she has with her job. Because the mom was granted residence, her alien daughter as well was granted 240A(b) and became a permanent resident as well. Note: My client was recently diagnosed as terminal, and the ACC in this case, my opponent, helped "fast track" the case so that a decision could be made while my client was still alive, because if she had died before a decision, her alien daughter's chance at residency would have died with her.