Attorney Yolanda M. Mendoza's Legal Cases

Immigration

USCIS approves complicated I-130 petition

Aug 22, 2018

OUTCOME: Approved

Counsel overturned USCIS’s Intent to Revoke an I-130 petition, filed by an adopted U.S. citizen daughter on behalf of her biological parents. The USCIS argued that the petitioner daughter could not pet ... ition for her biological parents because she was adopted in her home country prior to her 16th birthday. Counsel argued that although she was legally adopted, she had neither lived in the legal and physical custody of her adoptive parent, nor had she derived any immigration benefit from the adoption. Therefore, the petitioner daughter did not meet the definition of an adopted child under the Immigration and Nationality Act.

Immigration

USCIS approves Form I-601 for Applicant Residing Overseas after a request for expeditious processing

Feb 15, 2018

OUTCOME: Approved

U.S. Citizen Spouse hired our office to file an I-601, Waiver of Inadmissibility after her husband’s immigrant visa denial at the U.S. Embassy in Guayaquil due to a prior period of unlawful presence in ... the U.S. The waiver was filed with USCIS in October of 2017 and the request to expedite was filed on January 29, 2018. USCIS summarily approved the request to expedite and the applicant’s I-601 waiver on February 15, 2018 finding that the applicant’s inability to reside in the U.S. is causing extreme and unusual hardship to his U.S. Citizen Spouse.

Immigration

The BIA grants sua sponte motion to reopen and terminate proceedings

Feb 13, 2018

OUTCOME: Approved

Client, a lawful permanent resident, filed an N-400 Application for Naturalization pro se. Although she had a prior order of removal, USCIS had exclusive jurisdiction over client’s Adjustment of Status ... application due to her classification as an “arriving alien” pursuant to 8 C.F.R. § 245.2(A)(1). However, USCIS was unable to adjudicate her N-400 application due to the outstanding removal order. Our firm filed a sua sponte motion to reopen and terminate proceedings based on the USCIS grant of our client’s adjustment. The motion, which was unopposed, was approved by the BIA without prejudice.

Immigration

Alleged MS-13 gang affiliate is released from ICE custody on $1,500 bond

Feb 01, 2018

OUTCOME: Approved

Client was apprehended by Immigration and Customs Enforcement on allegations that he was an MS-13 gang affiliate. Counsel argued that the allegations against the Respondent, based on observations made ... by a third party, were circumstantial and should be given little weight as the Respondent was not afforded the opportunity to cross examine the witness. Additionally, the Department of Homeland Security had improperly detained the Respondent without serving him with a Notice to Appear. The Immigration Judge held that the Respondent was not a danger to his community and set bond at the statutory minimum of $1500.

Immigration

USCIS approves N-400 Application for an applicant with a complicated continuous residence issue

Dec 12, 2017

OUTCOME: Approved

Client took two back-to-back trips outside of the United States for more than 6 months during the five year statutory period preceding the filing of his N-400 application. Associate Counsel, Yolanda M ... endoza-Flores, argued that the Applicant’s trips outside of the U.S. did not interrupt his continuity of residence under INA section 316(b) as his departure was related to a family emergency, that he had maintained his residence in the U.S. and had employment waiting for him upon his return. USCIS agreed and naturalized client on the same day of his N-400 interview.

Yolanda M. Mendoza's Legal Cases (5)

USCIS approves complicated I-130 petition

USCIS approves Form I-601 for Applicant Residing Overseas after a request for expeditious processing

The BIA grants sua sponte motion to reopen and terminate proceedings

Alleged MS-13 gang affiliate is released from ICE custody on $1,500 bond

USCIS approves N-400 Application for an applicant with a complicated continuous residence issue