OUTCOME: Petition Approved as If the Petitioner Never Died
The I-130 petition has already been approved and the beneficiary is just waiting for a date of interview when the petitioner died. The death automatically revoked the petition. I filed a petition to re...instate the revoked petition based on humanitarian grounds.
Immigration
i-601 WAIVER WON ON APPEAL
Jan 01, 2015
OUTCOME: GRANTED
Client entered the U.S. using someone else's passport and visa. He applied for adjustment of status based on marriage to a U.S. citizen. Because client entered the U.S. using fraudulent document, he wa...s required to file a I-601 Waiver. We applied but it was denied by the local office. We appealed to the Administrative Appeals Office, which reversed the denial.
Immigration
In re Rolly S.
Mar 12, 2012
OUTCOME: Greencard Application Approved
The applicant is a Filipino citizen. He came to the United States on a tourist visa and overstayed. After staying in the U.S. for almost two years, he went back to the Philippines thereby triggering t...he 10-year bar. He was able to return to the U.S. using his multiple entry visitor visa. In the meantime, his eldest daughter got married to a U.S. Citizen and became a naturalized U.S. citizen. Her daughter filed I-130 petitions for him and for her mother. His I-130 Petition was denied because of the 10-year bar. The I-130 petition of his wife which was processed in the Philippines was approved. His wife became a legal permanent resident of the U.S. I applied I-601 waiver for Rolly S. claiming extreme hardship on his wife. We presented psychological evaluation, medical examination report, tax return, letters from employers and pastors, and petition from 50 residents with a title "STOP DEPORTATION". We were able to prove extreme hardship and that Rolly S. was an outstanding member of the community. Rolly S. did not have any criminal history and was able to gather a lot of support from his employers, co-workers, friends and family. It pays to be good to your fellowmen.
Immigration
Deportation due to Misrepresentation or Fraud
Jan 01, 2010
OUTCOME: Immigration Judge granted the Relief under Immigration and Nationality Act section 237(a)(1)(h)
My client was being removed from the United States for misrepresenting his marital status when he entered the United States. He was holding an immigrant visa for the unmarried son of a U.S. citizen whe...n in fact he was already married when he entered the United States. Under our immigration law, his visa was automatically revoked when he got married. As such, he was not holding a valid visa when he entered the United States. Although he signed a document when he obtained his visa that he will lose his preferential status and be subject to removal proceedings should he get married before he entered the United States, he claimed he did not understand the ramifications of his actions. He was eligible for waiver under the Immigration and Nationality Act section 237(a)(1)(H). The prevailing jurisprudence at the time was he should have a U.S. citizen parent or spouse and that relative must be residing in the United States for him to be statutorily eligible for the waiver. My client's mother is 80 years old, terminally ill, and has been residing in the Philippines for the past six years. To avoid unnecessary delay, I admitted to all allegations in the Notice to Appear and asked the Immigration Judge to set the case for trial as soon as possible. I wanted to be sure that my client's mother is still alive at the time of the trial. Luckily, we were able to get a trial date in two months from the first Masters Calendar hearing. At the time of the trial, the mother was still alive. I presented documentation that the mother was in the Philippines for reasons beyond her control, she was unable to travel back to the U.S. due to her medical condition, and my client deserves a favorable discretion of the court because he has not been arrested for any crime, has been committed to his family despite long years of separation, has volunteered for several community services, and has been a positive member of the community. The Immigration Judge granted the waiver and the Government withdrew its appeal.
Immigration
I-601 Extreme Hardship Waiver
Jan 01, 2008
OUTCOME: Immigration Issued Greencard
My client entered the United States in 1986 using a passport and visa with a name different from his birth name. In 1995 he got married to a U.S. citizen and his former attorney filed I-601 waiver. It ...was denied because the attorney failed to show he will suffer extreme hardship. In 1998 my client went to another attorney and re-filed the I-601 waiver. It was denied again. In 2007, my client's wife filed for divorce. He came to me for advice. I handled the case. I made an info pass appointment and met with an adjudication officer. I wrote a letter which I presented at the meeting. My letter stated that my client should have been granted a green card a long time ago when he agreed to become a witness against the person who issued him the false passport and visa. I presented several affidavits from people who have known him for more than a decade and attested to his good moral character. After more than 20 years and after several big firms handling his case, I was able to get him a green card.