Asylum in Immigration Court
May 30, 2018OUTCOME: Won Case
Mexican national fleeing persecution on account of her membership in her family.
Ashley Marie Arcidiacono's Legal Cases (7)
Carlsbad, CA
Immigration Lawyer at Carlsbad, CA
Practice Areas: Immigration
Bond Granted
May 01, 2018OUTCOME: Bond Granted
Client with young U.S. citizen son and strong ties to U.S. community granted bond.
Green Card Approved
Jan 16, 2018OUTCOME: Green Card Granted
Client was the victim of domestic violence and won her green card case despite having an unlawful entry to the United States and criminal history.
U Visa Certification Challenge
Jul 01, 2016OUTCOME: Successful - certification signed.
I represented a client who had previously tried to obtain a U visa certification from a police department without success. In order to be eligible to apply for a U visa with USCIS, an applicant must a ... lways first have a signed certification from law enforcement. Her request was based on her victimization by two different crimes, one of which was not "clearly" a qualifying crime. I resubmitted the request on her behalf, with of an explanation of how the client qualified for the certification under the law, despite the fact it seemed on first glance she did not, and the certifying official who had initially denied her request reconsidered and signed her U visa certification. The client was then able to file a U visa petition before USCIS.
Bond Granted
Feb 10, 2015OUTCOME: Client released from immigration custody on a bond
I represented a client with several criminal convictions in a bond proceeding in immigration court. She also happened to be the victim of a horrific crime and had a U visa petition filed. The immigra ... tion judge gave her the lowest bond possible after we demonstrated her significant ties to the U.S. community, including numerous lawfully present family members, her longtime residence in the U.S., her rehabilitation, volunteerism and her eligibility for immigration relief via the fact she had a U visa petition pending with USCIS on account of having been a crime victim.
U Visa
Feb 01, 2015OUTCOME: Successful. Client obtained U nonimmigrant status.
I represented a client in a petition for U nonimmigrant status before United States Citizenship and Immigration Services (USCIS) that was based on him being a victim of a crime that under the law, was ... not clearly considered a qualifying criminal activity that would have made him eligible for this status. But I knew the facts of the case warranted a different conclusion and a creative argument to establish that he was in fact a victim of qualifying criminal activity. USCIS sent two requests for additional evidence, asking for proof about how he was a victim of qualifying criminal activity. I responded to both requests thoroughly but USCIS denied the case. I knew my argument was valid so we appealed the case and we won.
Defensive Asylum in Removal Proceedings
Oct 01, 2014OUTCOME: Successful. Client granted asylum.
I represented someone from Haiti in removal proceedings before the San Diego immigration court. He was asking for asylum based on past persecution he suffered as a police officer in Haiti. The case ... lasted for three years in court and had some complications along the way, the biggest one being that we had to overcome the presumption that because he lived in a third country (i.e. a country besides Haiti, which he lived in before coming to the United States) that he could live in that third country safely. We had to overcome this presumption after we established he had been persecuted in Haiti. Several years and court hearings later, the immigration judge granted my client asylum.
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