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Family Based Immigration

Case Conclusion Date: 06.10.2011

Practice Area: Immigration

Outcome: Obtained Lawful Permanent Residence

Description: We are the Hernandez family and our case was primarily a Child Status Protection Act case. You see back in April 2001, my dad, who is a US Permanent Resident, petitioned for my mom. At the time of the petition my brother and I were underage. Thus, we qualified to adjust status along with my mom, given the approval of the petition and the status of our priority date was current. The previously mentioned petition was pending for about four years—give or take a few months. So it wasn’t actually approved until 2005. On June 2007 our priority date became current and due to some misinformation, we missed our chance to adjust status. At this time I was 20 yrs old going on 21 and my younger brother was 19 going on 20. It wasn’t until mid 2010 when my family and I began to look for legal advice on our case because we wanted our options laid out for us. Mind you that during this time I was 23 going on 24 and my brother was 21 going on 22. So, we began to search and came upon lawyers who looked at our case and said that my mom didn’t have a problem adjusting status—one actually mentioned how there was a possibility she might be turned down for having waited to so long to adjust status— but that the real case was whether or not my brother and I qualified to adjust status along with my mom given we qualified to file under Child Status Protection Act. You see, we had missed the one-year requirement to adjust status under CSPA—that’s where the case was. Previous lawyers told us that unfortunately we didn’t qualify under CSPA and that, should we proceed with our attempts of adjusting status, we would put ourselves at risk of deportation. Keeping previous legal advice in mind, we continued our search for someone that could give us some hope and could guide us well. In 2010 we were forwarded to The Law Offices of Amira Al-Alami. By this time my family and I were a bit pessimistic and didn’t have much hope, but what else did we have to lose? We explained our situation to Amira and she listened carefully and then asked questions. At the end of our interview she said to us, and I will always remember this because this made us take that leap of faith: “El que no arriesga no gana” (“The one who doesn’t risk, doesn’t win”). She was right, what else had we to lose? We could have sat there and hoped for a miracle or be proactive and take a risk. She explained to us the possibility that our petition to adjust status could be denied, but that deportation wasn’t automatic and there was the choice of appealing and having a judge decide. She inspired a lot of trust in us because she was honest and explained all possible outcomes, while at the same time giving us hope that not all was lost given a worse-case-scenario. I’m glad we made the decision to have her be our legal representative in this matter because it was being deported that frightened us. She did a great job, was with us every step of the way, prepared us well, and at the end we were all granted our petition and are all now Permanent Residents. Whether it was destiny or something else, I don’t know, but I’ m glad she came into our lives. Thank you all including your legal assistant Rosario for everything.

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