Attorney Gabriel Jimenez's Legal Cases

Immigration

H1B Case

May 01, 2013

OUTCOME: H1B visa Granted

I recall this case because it is very recent but also because the successful resolution of the case involved some creativity in asking the right questions. I took over an H1B case from another lawyer ... who had failed to file the case in a timely manner. As a result, the "H1B cap" was reached by the time I was able to file the case. At this point, my client's prospects for obtaining an H1B visa seemed quite low. I had no choice but to conduct research to try to find whether there were any other options for my client. It seemed like there was no relief for my client until I decided to find out whether perhaps, somehow, my client's H1B filing could be "cap exempt." Once I obtained more information about the relationship of my client's employer and a state university, I made the connection that perhaps that connection was sufficient to re-file the H1B as "cap exempt." So I did just that and got the H1B visa approved. I always remember this case as a reminder of always asking questions and seeking leads that at first may not seem obvious when trying to find a solution for your client.

Immigration

Deportation Case- El Paso

Sep 11, 2007

OUTCOME: Client was granted his Legal Residence, he won his deportation case.

This case is one of my more complicated yet rewarding cases I have handled. I was retained by my client in 2007. He had a deportation order from 1993 that was issued to both him and his mother at th ... at time. However, my client never left the country and so time passed until one day my client was detained by ICE in 2007. Once I reviewed the client's file (I was able to make an appointment with the local ICE office to do so-- something you can't do anymore) I knew that I could attempt to re-open the case and since my client was now married to a US citizen, obtain his green card before the immigration judge. I filed two things simultaneously: (1) a motion for stay of the deportation order; and (2) a motion to reopen the old 1993 deportation case. Both were granted by the immigration court. Once the case was re-opened, my client's wife filed a petition for him to start the residency process. It was approved and now we sought to "adjust status," which is the process of obtaining a green card is called. There was one issue that came up during the proceedings. Many years before, my client had submitted a Voter Registration card. The government alleged that this was a "false claim of US citizenship" which would result in denial of my client's case and surely result in his deportation again. However, I submitted a legal brief to the Immigration Judge where I argued that based on the specific facts of the situation, no "false claim" had actually taken place. The Immigration Judge agreed, but the Government appealed the case. However, once I discussed our position on the matter a bit more and they understood that my argument was extremely fact-specific, they agreed and they withdrew the appeal. My client got his green card and his long 14 year journey (from 1993 to 2007) was finally over.

Gabriel Jimenez's Legal Cases (2)

H1B Case

Deportation Case- El Paso