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Timothy Gambacorta's Legal Cases (2)

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Immigration

Widow Obtains Legal Permanent Residence

May 30, 2012

OUTCOME: Case reopened. Client granted permanent residency.

Widow from the Philippines entered the United States on a fake passport. Widow needed a waiver of inadmissibility in order to adjust her status. Widow eventually married a U.S. citizen husband. Wido ... w's husband died after client's immigrant petition, waiver application, and adjustment of status application filed. Case denied because the law at that time held that in light of husband's death, Widow could not qualify for a waiver of inadmissibility. Upon being retained, and in light of the recent change in law, we filed a motion to reopen in light of the fact that the death of the widow's husband constituted the requsite hardship required and therefore her adjustment of status application should be approved.

Immigration

Spouse of Military Man who Entered Illegally Granted Permanent Residence

Jun 15, 2011

OUTCOME: Permanent residency granted.

Former client was in the Air Force who was married to a foreign national from Honduras. Because foreign national entered the United States without authorization, the fact that she was married to a U.S ... . citizen did her little good to adjust her status in the United States. She had been told that she had to leave the United States and wait for at least a year abroad because of the ten year bar. We researched a rather new procedure known as parole in place. The procedure had been around for a while but not many practitioners used it. We decided that this case was the perfect time to employ this strategy. Although officers at the USCIS office in Phoenix did not know how to process this type of case (perhaps because few if any attorneys used this procedure in Phoenix), and in fact resisted processing this type of case, after constant negotiating with the supervisor and explaining the relevant procedure, the case was eventually approved.