OUTCOME: Cancellation of Removal and Lawful Permanent Residence Granted
Client entered the United States without inspection at 10 years of age, on or about 1990. Client remained illegally in the U.S. ever since. She had four US citizen children and her spouse also had no s...tatus. The couple separated, and the children suffered emotionally, and psychologically. The Immigration Judge denied Client's application for Cancellation of Removal and adjustment of status for non-permanent residents. The judge found the client's children would not suffer exceptional and extremely unusual hardship, as required by law. On appeal, the Board of Immigration Appeals sided with counsel and reversed the decision of the Immigration Judge. The Board further agreed with counsel that Client's children would suffer exceptional and extremely unusual hardship and that they qualified for resident status under the law.
Immigration
Matter of ODR
Mar 25, 2016
OUTCOME: Adjustment of Status Granted
Client charged and convicted of utilizing false name, and false identity. Also convicted of petit theft. Client was HIV positive and receiving public benefits under Ryan White Act. Client also entered ...the U.S. without inspection in 1990s. Client had petition filed in 1990s by mother, a lawful permanent resident, who could not travel from California due to old age. Client's mother required disability exception for general requirement that she be present at interview. After steadfast advocacy, Client was granted adjustment of status and lawful permanent resident status.
Immigration
Jane Doe v. U.S. Attorney General, 11th Circuit—15-15003
Jan 26, 2016
OUTCOME: BIA Decision Vacated and Remanded
Jane, a native of Mexico, was the victim of a brutal sexual assault in 1994. After being harassed by her assailant, she fled to the U.S. in 1996, where she sought asylum. The Department of Homeland Sec...urity refused to close her case and the Immigration Judge denied the claim based upon the length of time that had transpired since the attack, which it characterized as a crime-but not persecution, and her relationship with a new male. Immigration attorney Francisco Symphorien-Saavedra filed an appeal with the BIA, which also denied the claim on the same basis. Undeterred, Attorney Francisco Symphorien-Saavedra filed an appeal with the Eleventh Circuit Court of Appeals. Given the acknowledged difficulties of Jane’s case, Attorney Francisco Symphorien-Saavedra pressured and persuaded the Department of Justice and the Department of Homeland Security that the previous refusal to close the case was a mistake, due to the low enforcement priority presented by Jane. Upon motion, the Eleventh Circuit Court of Appeals then vacated the Board of Immigration Appeals decision and remanded the matter for administrative closure. Jane may now remain in the United States indefinitely without fear of being attacked.
Immigration
Matter of MA
Jun 10, 2015
OUTCOME: I-601 Extreme Hardship Waiver Granted, 1992 Resident Spouse Petition Reinstated and Resident Status Granted.
MA entered the U.S. illegally with resident spouse in or about 1992. Resident spouse filed I-130 petition for MA shortly after entry. Soon after, Resident spouse died in tragic car accident leaving M...A as single mother of two U.S. Citizen children. MA sought to fulfil her resident’s spouses last wishes and transported his body to Mexico. Just weeks after the burial, MA sought to reenter the U.S. utilizing a fraudulent U.S. birth certificate but was apprehended. Upon questioning, MA admitted the birth certificate was fraudulent but provided false name while seeking to protect her true identity. Federal prosecution was commenced and MA was fingerprinted but MA was ultimately returned to Mexico without criminal prosecution.
MA returned to the U.S. weeks later and remained in the U.S. since 1992. In or about 2012, MA retained first attorney to help process residency application through eldest US citizen daughter now approximately 22 years old. MA informed first attorney about 1992 detention but applications were filed by first attorney without disclosing this information. At interview on residency, the USCIS officer discovered the 1992 arrest and concluded MA misrepresented the truth regarding her use of various names and failed to disclose all details of the 1992 arrest. The USCIS officer denied the application and made a determination of misrepresentation.
MA was referred to attorney Francisco “Frank” Symphorien-Saavedra as a last resort and prepared to return to Mexico, feeling as though she could no longer live under the shadows. After thorough research, analysis, and review, Attorney Symphorien-Saavedra re-filed MA’s application for residency. Attorney Symphorien-Saavedra also filed a Form I-601 waiver and sought to reinstate MA’s 1992 petition as filed by her Resident Spouse. After reviewing Mr. Symphorien-Saavedra’s extensive legal briefings, U.S. citizenship and Immigration Services reinstated the 1992 petition, granted MA a waiver of misrepresentation, and granted her application for residency. After over 20 years, MA is finally a permanent resident of the United States.
Immigration
Matter of PB
Oct 15, 2014
OUTCOME: Adjustment and 212(h) waiver granted.
Client convicted in Federal Court of six counts, including conspiracy to commit securities fraud, federal securities fraud, and violation of the travel act by committing the NY crime of bribery. Cli...ent also had prior DUI and domestic violence arrest. Client challenged his removability and applied for readjustment with a 212(h) waiver.
Immigration
Peralta V. DHS, AG
May 29, 2014
OUTCOME: Permanent Residence, Adjustment of Status Granted
Individual had immediate relative petition approved in or about 2011. However, application for permanent resident was refused and remained pending for nearly 4 years. We filed suit in Federal Distric...t Court.
Immigration
Matter of JA
Apr 17, 2014
OUTCOME: Asylum Granted
Colombian asylum. Pro colombian government contractor targeted by the FARC. Individual was harassed and threatened at gunpoint.
Immigration
Matter of DN
Oct 29, 2013
OUTCOME: Cancellation of Removal Granted
client convicted of Cocaine Possession with a Gun, Marijuana possession, DUI, Burglary, Grand Theft, and Battery. Removal proceeding commenced and client faced removal to Zambia.
Immigration
Matter of MA
Aug 26, 2013
OUTCOME: Immigrant Visa Issued and client admitted to U.S.
Client charged with four counts of grand theft on two separate occasions within 5 years of earning permanent resident status. Client left the United States and a capias was issued. Criminal case was r...esolved with co-counsel to a single misdemeanor petty theft offense. U.S. wife petitioned for client anew. Immigrant visa was initially refused but after attorney follow-up, the immigrant visa was issued an client was admitted for permanent residence once again.
Immigration
Dang v. U.S. Secretary of State
Feb 22, 2012
OUTCOME: Immigrant Visa Issued
Client's Immigrant visa application was pending for well over 3 years, after being denied twoice. After repeated inquiries the Department of State refused to issue an Immigrant visa based upon undiscl...osed claims of fraud. After we filed suit in the U.S. District Court for the Middle District, the Vietnam consulate promptly contacted our office.
