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Heather Lorraine Poole

Heather Poole’s Legal Cases

8 total

  • 10 Year Bar Waiver Approved in Mexico

    Practice Area:
    Immigration
    Date:
    Sep 01, 2007
    Outcome:
    Instantly APPROVED; no backlog referral
    Description:
    Obtained waiver for U.S. citizen spouse who was faced with potentially losing his wife due to the 10 year bar due to past unlawful presence in the US; CIS office: Ciudad Juarez, Mexico) Actual letter from client: "To whom it may concern: I met my wife in 2001 and soon fell in love, Six months later we where married in Ventura, California. I knew well before we where married that my wife was here “undocumented” but thought it would be easy to get her a green card since I am a US citizen, Boy was I wrong! We went to a “cut rate” notario, trying to save money, Mistake #1! We then went to a immigration attorney in Los angeles who quoted me 1000.00 to take care of the rest of the paper work we needed, Mistake #2. It turned out we needed a “Hardship waiver” for my wife and would have to travel to El PasoTexas and cross the border to the US consulate. If everything went OK, My wife would have a green card and return with me. If not, she would have to stay in Mexico for 6 months to a year, waiting for approval. This scared me to death! We had never spent the night apart since we where married, I could not stand the thought of leaving her there! I started reading as much as I could on the internet and was recommended to Heather Poole in Pasadena, Ca. My wife and I went to see her for a free consultation, and I am VERY glad we did! Heather and her assistant Carla went above and beyond to get our necessary papers done within a month ( almost unheard of!) and off we went to Mexico. We had to spend almost 2 weeks there, First the medical appointment, Then the “interview” and then the “Hardship waiver interview”. Now this is what impressed me most about Heather! EVERYTHING she said would happen happened EXACTLY like she said it would! While staying at the motel and waiting day after day, We met quite a few people and got to talking. I was SHOCKED at how many people where totally unprepared and did not have the documentation they needed, Most of these people went away very unhappy to say the least! Everything went smoothly for us, and within one hour of my wife receiving her new green card, we where back across the border and on our way home! Our lives have changed so much within the last six months, My wife has her new Social Security card, Drivers license, etc……She now has more ID than I do! I can honestly say we owe all of this to Heather and Carla, We will never forget how they helped us! If anyone doubts this, Feel free to call me anytime and I will be glad to tell them. Thanks."
  • Conditional green card waiver approved for Japanese national

    Practice Area:
    Immigration
    Date:
    Jul 01, 2008
    Outcome:
    APPROVED without interview.
    Description:
    Haruko conditional green card was issued in January 2006. The couple separated by August 2007, during her conditional 2 year period. The couple separated after having numerous unresolved arguments over money, whether to have a family, and possibly moving to Taiwan and leaving the U.S. Hayaku, new to English speaking, also had difficulty expressing herself to her husband and this made things worse and their clashing cultural upbringings made it difficult to relate. She tried to go to counseling but the marriage was not saveable. The couple divorced within the conditional period. Despite the couple staying less than the conditional period together following the issuance of Haruko’s permanent residency and with limited financial documentation showing the bona fide nature of their relationship, Attorney Heather was able to obtain an approval for Haruko who now has a unconditional permanent residency, and a waiver of the interview. Heather provided CIS with essential documentation proving that Haruko was not to blame for the marital break-up and she entered into the marriage with the intent to stay. Haruko and her ex-husband write of our services: "Haruko and I really appreciate your professional expertise in assisting her obtain her permanent green card. Even though we are divorced, we remain good friends. We understood there were difficulties, especially we weren't the photogenic type of couple back when we were together so there weren't a lot of photos of us and with friends. Your professionalism and prompt responses, despite the language barrier for Haruko, kept us at ease throughout the process. Thank you again."
  • Criminal Waiver Approved in Sydney

    Practice Area:
    Immigration
    Date:
    Jan 30, 2009
    Outcome:
    APPROVED
    Description:
    Ben's US citizen spouse came to Heather for help with her husband's waiver for his many past criminal convictions. They had tried applying for the waiver on their own but CIS was not convinced and requested proof of extreme hardship to Ben's wife if he was not allowed to return to the US for ten years. This was an exceptionally difficult case given Ben multiple convictions for breaking and entering, fraud, and battery. Heather successfully argued not only his rehabilitation to separate him from these past crimes but argued that his wife's career, emotional state, family obligations, and finances would suffer extreme hardship if he was not allowed to return to the US or if she had to move to Australia to be with him. Since Australia is a democratic country similar in economic opportunities to the US and not a typical place deemed a hardship to live, Heather had to argue the exceptions to the rule.
  • Green Card Approved for Abused Spouse from Mexico

    Practice Area:
    Immigration
    Date:
    Dec 01, 2008
    Outcome:
    APPROVED, green card and citizenship
    Description:
    Maria, a citizen of Mexico, experienced severe physical, psychological and financial abuse during her relationship with her U.S. citizen husband. He had filed an immigrant visa for her years ago but refused to file for her green card. She stayed with him for the sake of the kids until the abuse became unbearable. Her husband threatened to kill her on more than one occasion and hit her in the face and threw things at her constantly. When he finally turned on the children, she demanded a divorce and then when he refused to leave them alone, she pursued and obtained a restraining order. Before she could wrestle free of his control, he had grabbed the children by their ears and hit them on the head. He constantly threatened to take the children away if she called anyone for help or if she thought about leaving him and the abusive situation. He treated as a servant, not a wife. He threw food on the floor and ransacked the house, only to demand that she pick everything up. Even after they separated, he’s refused to leave her alone. He continued to stalk her and harass her loved ones. He tired to use the children to try to find out where his wife has gone if she was out and what she does during the day. The court where she obtained her restraining order referred Maria to Heather for help. Heather filed Maria’s abused spouse based immigrant visa (VAWA petition) in August 2003. Maria received her work permit 3 months later. Her VAWA case was approved in July 2004. Heather then applied for Maria’s green card based on this approval and Heather and Maria appeared together at Maria’s green card interview. Her green card was approved that same day. Maria was a permanent resident since March 2005. She became a US citizen in 2008. She is now looking forward to sponsoring her mother, the woman who helped protect her children from the violence. She writes of our services: "I obtained your name from the Pasadena courthouse . . . . The overall quality of your services provided was excellent. I was so impressed that the staff always kept me in touch with what was happening in my case. I would recommend your firm to others because you are truthful, warm, and won't cheat people. You are very kind. God bless you always."
  • Man Removes Condition on Green Card Despite Quick Marital Break Up

    Practice Area:
    Immigration
    Date:
    Apr 01, 2010
    Outcome:
    APPROVED without interview.
    Description:
    William's Story (Good Faith Marriage Waiver) William and his wife separated within six months of William becoming a conditional resident. This raised issues of whether the marriage was real (not used to obtain status for him) and visa fraud. William had to prove that the marriage's demise was not his fault. Heather helped William argue that he and his wife separated due to her her emotional problems and her anger with their financial situation given his new business. His wife left him and filed for divorce. It was a challenging case since the couple had not been together for very long when they separated. We also faced weaker bonafide marriage documentation because most of William's assets were wrapped up in his business, not spent on the marriage. Heather knew what he was up against and all he had to lose, especially since if he was deported, he would have to give up his chosen profession which was illegal to practice in his home country. His case was approved in less than six months. William writes of our services: “I chose you to represent me because I really liked the initial consultation. Heather was confident, trustable and warm. Also, she sounded very focused on the matter. The overall quality of the services was very good. Ms. Heather Poole is a great attorney. I would recommend this firm to others because Heather does a great job." * * * * *
  • 10 Year Bar Waiver Approved in Moscow

    Practice Area:
    Immigration
    Date:
    Oct 01, 2009
    Outcome:
    APPROVED.
    Description:
    Sara entered the US on a K-1, fiance visa, from the Ukraine but did not marry the US citizen who sponsored her. She overstayed her visa, fell out of status, and eventually married another US citizen and gave birth to a son. She was not eligible to get her green card in the US because she could only adjust her status based on the K-1 marriage. She was forced to consular process, which triggered the 10 year bar to re-entry. In order to get her green card, she would have to argue to the CIS office abroad that her new husband would suffer extreme hardship if she was not allowed to return to the US. We also had to show that it wasn't possible for her husband to relocate to the Ukraine. And, although they now had a US citizen son, immigration wouldn't consider the child's hardship under this waiver. This, her negative immigration history, and the fact that the US citizen had a good salary, was well educated, had relatives in the US who lived close to his parents with health issues, Heather was able to successfully argue that she should be allowed to return to the U.S. The approval took less than 3 months.
  • Client Gains Citizenship Despite Accusation of Making a False Claim

    Practice Area:
    Immigration
    Date:
    May 01, 2006
    Outcome:
    APPROVED.
    Description:
    Falsely claiming to be a U.S. citizen is grounds for denial of any petition for naturalization (citizenship). There is no current waiver under the law for a knowingly made false claim. The problem arises whether the person claiming to be a U.S. citizen knew that s/he was making a false claim. Congress created one way to determine this, when it passed the Child Citizenship Protection Act in 2001. Now, Recent Victory! Heather was recently successful in convincing CIS that her client did not make a knowingly false claim of being a U.S. citizen after he applied for a U.S. passport and was denied. Our client was brought to the U.S. when he was a pre-teen and his father and his grandmother were naturalized citizens. Under the citizenship law that covered his case, if he could prove that his father was living in the U.S. 10 years prior to his son's birth abroad, 5 of which after the age of 14, then the son (our client) was already a U.S. citizen through "transmission" (i.e., his father transmitted or passed his U.S. citizenship to his son). The problem in his case was one of proof. His father left the U.S. in the 1960s for ten years, when he was in his early 20's, and he could not find enough records for CIS or the state department's passport agency to conclude that his father was physically living in the U.S. during the years that he could have transmitted U.S. citizenship. Even the census couldn't help our client. Our client was forced to apply for naturalization based on the non-existence of these very old records. Heather, alongside our client, prepared our client and helped him prepare available documentation and went with him to the CIS interview. She argued in a brief and orally in front of the officer that our client never made a knowingly false claim, but was merely following the instructions on the state department's website for passport application. The officer agreed with Heather and recommended our client for naturalization. Our client was sworn in as a U.S. citizen.
  • Mexican national obtains Green Card Despite Illegal Entry Using Unique Documents

    Practice Area:
    Immigration
    Date:
    Feb 01, 2010
    Outcome:
    APPROVED.
    Description:
    Roberto entered the U.S. illegally from Mexico. His father had filed for him when he was 22, over 10 years ago. Because he was from Mexico, his visa number would not be current for many years and he would not be eligible to apply for a green card until then so his wife, Lisa, a U.S. citizen decided to sponsor him. Because of his illegal entry, they feared that he would have to go to the consulate in Ciudad Juarez to process his green card, which would result in a 10 year bar which they would have to file a waiver for that posed a significant risk that they could be separated for years. Our Solution & Challenges we faced: Heather argued that he could apply for his lawful permanent residency in the U.S. despite his illegal entry because he “grandfathered” under 245(i). In order to qualify for 245(i) a person must have had a labor certification or a visa petition filed on their behalf on or before April 30, 2001 but also had to prove that they were physically present in the U.S. on the date of the law’s enactment (December 21, 2000). Roberto had the filing cut-off date but he lacked traditional documentation proving he was in the U.S. on December 21, 2000. It was difficult to locate employment documents because his employer from 10 years ago had gone out of business. He did not file taxes because he did not have a social security number and did not know about the ITIN possibility ten years ago. He wasn’t in school so couldn’t provide transcripts and because he had no papers, he did not have a lease, driver’s license, or utility statements typically accepted by CIS to prove physical presence. Heather advised Roberto and Lisa on nontraditional forms of evidence to prove Roberto’s physical presence, knowing that if it didn’t work, he would face the 10 year bar and have to consular process. This made the case longer to process since it took more time and investigative work for Roberto to track down as much evidence as he could. Roberto’s green card case was approved with the documentation Heather suggested. Timing: 1 year Roberto and Lisa write of Heather’s representation “I chose you to represent us because you were highly recommended by family who you have helped before with great results. We were so thrilled to have Heather’s experience on our side, during a very important process in our lives. It feels a bit overwhelming and uneasy –but having been represented by Heather that all changed, knowing she was with us during every step of the way. We are extremely happy with the helpful, friendly, professional service that was provided to us. Text message for email was extremely helpful . . .We would just like to thank you once again.” Roberto and Lisa, Bell, CA