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Brian Christopher Schmitt's Legal Cases (2)

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Immigration

Fabry v. Kerry 14-cv-01261-JCH (D. Conn. Sept. 2, 2014)

Sep 02, 2014

OUTCOME: Victory

The State Department Waiver Review Division (WRD) issued a not favorable recommendation on an I-612 hardship waiver application involving a U.S. citizen spouse and three U.S. citizen children. The app ... licant was subject to the two-year foreign residence requirement based on participation in a U.S. government-funded program (Fulbright). Plaintiffs filed a complaint for declaratory, injunctive, and mandamus relief on September 2, 2014. Early in the litigation, the government hinted that the filing of a de novo waiver application might be considered favorably. The de novo application was received at the WRD on March 4th and was given a favorable recommendation on March 10th. The lawsuit was voluntarily dismissed shortly after a one-step adjustment of status application was receipted by the USCIS.

Immigration

Matter of X-, May 12, 2014 USCIS Administrative Appeals Office

May 12, 2014

OUTCOME: Appeal Sustained-Victory

For about a 9-10 month period, the USCIS CSC was very hostile towards I-612 hardship and persecution cases. We received an RFE on almost every case we filed. We overcame just about all of the RFEs ex ... cept for the one we received in the instant case. We haven't received an RFE in several months, so we may have emerged from this crisis. In this case, the USCIS AAO sustained our appeal, finding the U.S. citizen spouse would face exceptional hardship in any travel alternative. See https://www.uscis.gov/sites/default/files/err/H3%20-%20Waiver%20of%20Two%20Year%20Foreign%20Residence%20Requirement%20-%20212%20(e)/Decisions_Issued_in_2014/MAY122014_01H3212.pdf