Attorney Charles Learned Ala Medina's Legal Cases

Immigration

I-601A Provisional Waiver Approved- Hardship Due to Past Trauma of War and Family Tragedy (10/22/2014)

Oct 22, 2014

OUTCOME: USCIS approved the I-601A.

Client entered the U.S. without inspection in 2003. She married her U.S. Citizen (USC) husband in 2007. In 2014, Client applied for an I-601A provisional waiver to waive her inadmissibility due to her ... unlawful presence. If granted, the provisional waiver would become permanent only if the applicant appears for her visa interview abroad. Client must show extreme hardship on her USC husband in order to obtain a waiver of unlawful presence. To demonstrate extreme hardship, we submitted evidence of the husband‘s current anxieties due to his fears of separation from Client and the possible loss of his career if leaves the U.S. to follow Client abroad. Husband works as a manager for big company. We also put husband’s current anxieties in the larger context of the past traumas he had overcome in his life such as witnessing the civil war and natural calamities in his native land when he was a small boy and the death of a close family member under mysterious circumstances a few years ago. We also showed how the loss of husband’s career would burden the many relatives who depend on him for financial support. Within a short period, USCIS approved Client’s I-601A waiver application.

Immigration

I-601 Waiver for Misrepresentation Approved (10/06/2014)

Oct 06, 2014

OUTCOME: USCIS approved the I-601.

Client entered the U.S. in 1992 by using a passport and a visa issued under a false name. Thus, she committed a material misrepresentation of a material fact and is inadmissible under INA 212(a)(6)(C)( ... i). In 2014, Client married her U.S. Citizen (USC) husband. She then filed her I-485 adjustment application along with her husband’s I-130 petition and her I-601 waiver application. Despite Client’s inadmissibility, she would qualify for lawful permanent residence (LPR) status if she could obtain a waiver pursuant to INA 212(i). To obtain an INA 212(i) waiver, Client must show extreme hardship on her USC or LPR spouse or parent. Client submitted evidence of her husband’s minor medical condition and the deteriorating health of her 90-year old LPR mother, among other things. This evidence did not impress the USCIS adjudicator, who warned us during the adjustment interview that she could not see the hardship in the case. After a request for evidence (RFE), we submitted some documents that clarified the previously submitted evidence and explained how the initially submitted evidence was sufficient to establish extreme hardship. The USCIS adjudicator changed her mind and approved the I-601 and its related applications.

Immigration

I-485 Approved- USCIS Initially FoundInsufficient Evidence of Bona Fide Marriage (10/06/2014)

Oct 06, 2014

OUTCOME: USCIS approved the I-130 and I-485.

A U.S. Citizen (USC) may file an immigrant petition for his or her alien spouse. The petition will be approved only if the spouses establish that their marriage is bona fide. This means that spouses di ... d not marry for immigration purposes. In early 2014, Client married her long-time USC fiancé. A few weeks later, she filed her I-485 adjustment application. Client and her spouse had some joint documents which showed their shared life and joint management of their financial affairs. However, during their adjustment interview, the USCIS adjudicator told the couple that their evidence was not enough to show a bona fide marriage. USCIS issued a request for evidence (RFE) to allow us the opportunity to rebut this initial impression. We submitted some documents but not substantially much, since it was not possible to produce evidence that did not apply to the couple’s circumstances. Instead, in our RFE response, we focused on explaining why the initial evidence submitted was sufficient proof of bona fide marriage. The USCIS adjudicator changed her mind and approved the I-485 and its related applications. Client now has her green card after more than 20 years in the U.S. in undocumented status.

Immigration

F-1 Reinstatement Approved- Student Fell Out Of Status Due To Illness (08/21/2014)

Aug 21, 2014

OUTCOME: USCIS approved the I-539 application.

Client holds an F-1 student visa. While studying at an English language school in San Diego, CA, he missed a few classes because he was suffering from debilitating headaches that made it difficult for ... him to function or concentrate on his studies. The school apparently excused him from his classes to allow him to rest but the school later terminated his enrollment due to prolonged absences. As a result, Client lost his F-1 status. Client came to us for help. We filed a request with USCIS to reinstate his F-1 status. One of the requirements to reinstate F-1 status is to show that the violation was due to circumstances beyond the student's control such as serious illness provided there was no willful failure on the part of the student. We explained the circumstances surrounding Client’s violation of status and how reinstatement was justified. USCIS approved our request and reinstated Client’s F-1 status. Client can now continue his studies and pursue his dreams.

Immigration

I-485 Approved – Client was paroled into the U.S. but had no direct evidence of parole

Aug 21, 2014

OUTCOME: USCIS approved the I-485.

In 1991, Client arrived in the U.S. and applied for admission. However, she was placed in exclusion proceedings and paroled into the U.S. so she could attend her exclusion hearings. A month later, the ... Immigration Judge (IJ) ordered her exclusion because she failed to attend her hearing. In 2012, we were able to reopen Client’s proceedings because we showed that she did not receive her hearing notice. In 2013, upon our request, the IJ terminated Client’s proceedings. We then filed her I-485 adjustment application based on her husband’s approved I-130 petition. Client was eligible for adjustment because she was paroled into the U.S. However, she did not have a copy of her I-94 with the parole stamp. All we could provide were indirect evidence that she was paroled. At her interview, we were able to persuade the USCIS adjudicator that our evidence of the parole was reliable and it should be sufficient proof. USCIS eventually agreed with our arguments. USCIS approved Client’s I-485. She now has her green card after more than 20 years of living in the U.S. in undocumented status.

Immigration

F-1 Reinstatement Approved- Student Was Preiously Granted Reinstatement (08/14/2014)

Aug 14, 2014

OUTCOME: USCIS approved the I-539.

Client holds an F-1 student visa. In 2011, he missed his classes and inadvertently violated his F-1 status. He lost his F-1 status. However, in 2012, we succeeded in having his F-1 status reinstated. T ... hus, he was able to pursue his studies. In May 2014, Client lost his F-1 status again, due to missed classes but for different reasons. To request for reinstatement of F-1 status, the student must show, among other things, that the violation was due to circumstances beyond the student’s control and there is no pattern of repeated violations. The challenge in a second reinstatement request within a relatively short period is how to persuade USCIS that there is no pattern of repeated or willful violations. However, Client was determined to pursue his studies. So we filed a request with USCIS to reinstate his F-1 status. We explained the unique circumstances surrounding his violation of status and argued why reinstatement was justified. USCIS approved our request and once again reinstated Client’s F-1 status.

Immigration

Immigration Judge Granted INA 212(h) Waiver - Client Had Two Theft-Related Convictions

Aug 01, 2014

OUTCOME: Immigration Judge Granted INA 212(h) Waiver

Client entered the U.S. without inspection at a very young age. She has lived in the U.S. almost all her life. In early 2010, she was convicted of petty theft and was sentenced to pay a fine. In lat ... e 2010, she was again convicted, this time for a theft-related offense for which she was sentenced to several days in jail and months of probation. After Client was released from jail, Immigration and Customs Enforcement (ICE) initiated removal proceedings against her. In her removal proceedings, Client applied for adjustment of status under INA 245(i) based on her U.S. citizen husband’s petition. She also applied for a waiver under INA 212(h) to eliminate the effects of her criminal convictions. The Immigration Judge exercised favorable discretion and granted the adjustment and waiver applications after we presented all positive factors in Client’s favor that showed she deserved a second chance after her past mistakes.

Immigration

I-130 for Same Sex Couple Approved in a Short Time

May 09, 2014

OUTCOME: USCIS approved the I-130.

Under INA 204(g) and INA 245(e), an immigrant petition based on a marriage entered while removal proceedings are pending cannot be approved unless the couple establishes by clear and convincing evide ... nce that their marriage was entered in good faith. Client has been in removal proceedings since 2010. She did not have a lot of options for relief. She has been in a long-term relationship with her same-sex partner but this relationship was known only to their families and close friends. However, after the Supreme Court’s 2013 decision in United States v. Windsor paved the way for the recognition of same-sex marriage in various states, Client decided to marry her long-time partner. Based on Client’s unique circumstances, we were able to convince the government counsel to administratively close her removal proceedings. We then filed her I-130 petition with overwhelming evidence that the marriage was entered in good faith. We were able to overcome the obstacles posed by INA 204(g) and INA 245(e). USCIS approved the I-130 within 3 weeks, which is much faster than the normal processing time.

Immigration

I-601A Provisional Waiver Approved- Hardship Due to China’s One-Child Policy (11/19/2013)

Nov 19, 2013

OUTCOME: USCIS approved the I-601A.

Client has been living in the U.S. since 1995 and has been married to her U.S. Citizen (USC) husband since 2002 but she could not apply for a green card in the U.S. based on her husband’s petition beca ... use she entered without inspection. She finally decided to apply for an immigrant visa when new rules allowed certain immediate relatives to apply for provisional waivers in the U.S., which if granted would become permanent if the applicant appears for her visa interview abroad. The ability to apply for a waiver in the U.S. instead of abroad gave Client the confidence to seek lawful permanent residence (LPR) status after all these years. In June 2013, Client filed her I-601A. USCIS requested additional evidence to establish the extreme hardship on Client’s USC husband. We were able to show that, because Client has 3 children born in the U.S. in violation of China’s one-child policy, her husband would face severe penalties if they would re-settle in China. We argued, among other things, that these penalties and related adverse consequences for violating the one-child policy constitute extreme hardship. In November 2013, USCIS approved Client’s I-601A waiver application.

Immigration

I-601A Provisional Waiver Approved-Client chose Waiver option over DACA

Jun 18, 2013

OUTCOME: USCIS approved the I-601A.

Client has been married to his U.S. Citizen (USC) wife for the past 9 years but decided to have his wife file an I-130 petition for him only when he heard that USCIS was working on new rules to allo ... w certain immediate relatives to apply for provisional waivers in the U.S., which if granted would become permanent only if the applicant appears for his visa interview abroad. The ability to apply for a waiver in the U.S. instead of abroad gave Client the confidence to seek lawful permanent residence (LPR) status after all these years. While Client was waiting for the final rules on provisional waiver to take effect, USCIS started the program for deferred action for childhood arrivals (DACA), to which Client also qualified. He agonized a little bit whether to seek a waiver or apply through DACA. A waiver application carries risks. If USCIS denies a waiver, an applicant could be barred from returning to the U.S. for 10 years. We evaluated the hardship in Client’s case and we were convinced, based on our experience, that Client had a good chance of getting a waiver. Client followed our advice and did not regret his decision. He was probably one of the first few to apply for a provisional waiver. In June 2013, USCIS approved his waiver application.

Charles Learned Ala Medina's Legal Cases (62)

I-601A Provisional Waiver Approved- Hardship Due to Past Trauma of War and Family Tragedy (10/22/2014)

I-601 Waiver for Misrepresentation Approved (10/06/2014)

I-485 Approved- USCIS Initially FoundInsufficient Evidence of Bona Fide Marriage (10/06/2014)

F-1 Reinstatement Approved- Student Fell Out Of Status Due To Illness (08/21/2014)

I-485 Approved – Client was paroled into the U.S. but had no direct evidence of parole

F-1 Reinstatement Approved- Student Was Preiously Granted Reinstatement (08/14/2014)

Immigration Judge Granted INA 212(h) Waiver - Client Had Two Theft-Related Convictions

I-130 for Same Sex Couple Approved in a Short Time

I-601A Provisional Waiver Approved- Hardship Due to China’s One-Child Policy (11/19/2013)

I-601A Provisional Waiver Approved-Client chose Waiver option over DACA