Attorney Charles Learned Ala Medina's Legal Cases

Immigration

Board of Immigration Appeals (BIA) Reopens Case- Client Mistakenly Admitted Convictions

Apr 04, 2012

OUTCOME: BIA reopened the case.

During his removal proceedings in 2003, Client admitted after questioning by the Immigration Judge (IJ) that he had two controlled substance convictions. Due to these admissions, Client did not qualify ... for any relief. Client, however, did not have any controlled substance conviction. The IJ though deemed his admissions as binding. The IJ ordered his removal. In 2008, Client married a U.S. Citizen (USC). He tried to reopen his case, through prior counsel, but the Board of Immigration Appeals (BIA) denied the motion. In 2011, we filed a motion to reopen with the BIA on behalf of Client. The BIA noted that the motion was untimely and it exceeded the number of motions to reopen allowed. Nevertheless, the BIA reopened the proceedings sua sponte due to exceptional circumstances. Client now has an opportunity to apply for adjustment of status before the IJ after 22 years of living in the U.S. in undocumented status.

Immigration

I-130 & I-485 Approvals- Spouses Live Separately Due to Economic Reasons

Mar 30, 2012

OUTCOME: USCIS approved the I-130 and I-485.

A U.S. Citizen may file an immigrant petition for his or her alien spouse. The petition will be approved only if the spouses establish that their marriage is bona fide. This means that spouses did not ... marry for immigration purposes. The spouses must also show that they had the intention of living together at the time they married. USCIS often determines intent based on the conduct of the parties after the marriage. Client married a U.S. Citizen (USC). Both Client and his spouse had prior marriages and children from these marriages. Both were in their late 50’s when they married. Both had stable jobs but in different states. Due to their advancing ages and the economic uncertainties of the times, the couple decided to keep their jobs and live separately until Client obtains his green card. The USCIS officer conducted a tough interview of Client and spouse due to their unorthodox living arrangement. Nevertheless, we were able to persuade USCIS that the marriage was bona fide. Client now has his green card after more than 20 years in the U.S. in undocumented status.

Immigration

I-829 Approval (EB-5 Investor Successfully Removed Conditions on Residence)

Feb 10, 2012

OUTCOME: USCIS approved the I-829.

In late 2009, Client obtained conditional permanent residence based on his approved immigrant petition under the EB-5 investment visa. Under the law, an alien who obtains permanent residence under ... the EB-5 category acquires residence on a conditional basis. The alien investor must remove the conditions on his residence before the second anniversary of the date he obtained his residence. In a petition to remove conditions, the alien investor must show, among other things, that he was able to sustain the enterprise and investment during the period of conditional residence. The investor must also show that he created ten full-time jobs for qualifying employees. During the processing of his EB-5 petition, Client encountered problems on the creation of ten full-time jobs because some of the employees he hired presented fake green cards and could not be counted as qualifying employees. With our advice, Client was able to solve this problem. Job creation did not become an issue in Client’s petition to remove conditions. USCIS approved the petition without a request for evidence.

Immigration

F-1 Reinstatement for Student Who Fell Out Of Status

Jan 26, 2012

OUTCOME: USCIS approved the F-1 reinstatement.

Client holds an F-1 student visa. While studying at a college in New York, he decided to skip classes for two weeks to concentrate on his review for an upcoming examination. However, Client inadvertent ... ly violated his F-1 status because he missed classes. As a result, he lost his F-1 status. Client tried to transfer to another school in California but this school could not enroll him because he was already out of status. Client came to us for help. We filed a request with USCIS to reinstate his F-1 status. We explained the circumstances surrounding his violation of status and how reinstatement was justified. USCIS approved our request and reinstated Client’s F-1 status. Client can now pursue his studies and achieve his dreams.

Immigration

I-360 VAWA Approval After Tough RFE (Male Applicant)

Jan 11, 2012

OUTCOME: USCIS approved I-360 VAWA.

Client had a turbulent relationship with his USC wife. She repeatedly threatened him with arrest and deportation, among other things. She filed an I- 130 petition for Client but the abuse continued ... . This culminated in the wife’s disappearance prior to Client’s I-485 adjustment interview. We filed an I-360 battered-spouse petition for Client. Initially, USCIS was not convinced that Client had suffered abuse. In its request for evidence (RFE), USCIS characterized Client’s ordeals as mere marital tensions and incompatibilities that do not rise to the level of extreme cruelty. We provided a detailed rebuttal in our response. We pointed to each instance of abuse documented in Client’s previously submitted statement. We also explained how these incidents cumulatively constituted abuse. In the end, we succeeded in persuading USCIS to approve Client’s I-360 petition. Client has been residing in the U.S. in undocumented status for the past 16 years.

Immigration

I-601 Waiver Approval-USC Wife Moved to Mexico But Could Not Endure Hardship

Nov 25, 2011

OUTCOME: USCIS approved the I-601.

In 2003, Client, a U.S. Citizen, fell in love with a neighbor at her aunt’s house in Mexico while she was visiting that country. In 2006, Client decided to live with her boyfriend in Mexico. However, i ... n 2007, Client returned to the U.S. after only 6 months in Mexico because she could not endure her hard life there. Client’s boyfriend soon followed her to the U.S. by crossing the border illegally. In 2008, Client married her boyfriend. A few months later, their daughter was born. Client filed an I-130 Petition for her husband. USCIS approved the I-130 but the U.S. Consulate in Ciudad Juarez, Mexico required Client’s husband to submit an I-601 waiver due to his previous unlawful presence in the U.S. We prepared a waiver application for husband and explained Client’s extreme hardship. USCIS approved the I-601. Unlawful presence in the U.S. for at least one year prohibits an alien from returning to the U.S. for a period of 10 years. Due to husband’s approved I-601, he can now return to the U.S. after staying in Mexico for only a few months.

Immigration

Ninth Circuit Assumes Jurisdiction in a Reinstatement of Removal Case

Nov 11, 2011

OUTCOME: Ninth Circuit Assumes Jurisdiction.

In 1999, the Immigration Judge (IJ) ordered Client’s removal. INS deported Client to Mexico. Afterwards, he returned to the U.S. In 2010, Client came to us for help in reopening his 1999 removal order. ... We filed a motion to reopen with the IJ. We also requested a stay of removal. The IJ denied our request for stay of removal but the motion to reopen is still pending. Later, Immigration and Customs Enforcement (ICE) apprehended Client and tried to deport him by reinstating the 1999 removal order. We filed an interlocutory appeal with the Board of Immigration Appeals (BIA). The BIA denied our appeal. We filed a petition for review with the Ninth Circuit Court of Appeals. The Ninth Circuit ordered us to explain why the Court has jurisdiction over the case. The Court of Appeals only reviews final orders of removal. Our appeal to the BIA pertained only to the IJ’s denial of the stay of removal. However, we explained to the Ninth Circuit that it has jurisdiction over our petition for review because ICE had reinstated Client’s 1999 removal order. The Ninth Circuit agreed and is currently reviewing the case.

Immigration

Immigration Judge Terminates Case (Client Was Admitted But Did Not Enter With A Visa)

Sep 30, 2011

OUTCOME: IJ terminated case.

Client grew up in an orphanage. She met her father while she was at the orphanage. When she was a teenager, her father brought her to the U.S. Client’s father told her that she was born in the U.S. and ... gave her a U.S. birth certificate. Client used this birth certificate to enter the U.S. after traveling abroad on many occasions. In January 2011, the Department of State (DOS) informed Client that her U.S. birth certificate was fraudulent. DOS found that Client was not involved in the fraud. However, Client was placed in removal proceedings. Meanwhile, Client’s USC daughter filed an I-130 Petition for her. During the proceedings, the IJ found that Client was inspected and admitted based on her previous entries with the birth certificate. We were able to establish that Client never falsely claimed to be a U.S. Citizen. Since Client was admitted, the IJ found her eligible for adjustment of status. In September 2011, the IJ terminated Client’s removal proceedings and allowed her to apply for adjustment of status with USCIS.

Immigration

Consulate Approved Visa-Client's B-2 Was Previously Revoked

Sep 06, 2011

OUTCOME: Consulate approved the immigrant visa.

Client had a multiple-entry B-2 visa. She visited the U.S. frequently. In 2007, Customs and Border Patrol (CBP) became suspicious of Client’s motives for entering the U.S. on account of her frequent vi ... sits. CBP revoked her B-2 visa on the spot. However, she was allowed to withdraw her application for admission. Client boarded the next flight home. In 2009, Client married her long-time U.S. Citizen (USC) boyfriend. Client wanted to immigrate to the U.S. but she was worried about the prior incident that led to the revocation of her B-2 visa. In 2010, we assisted Client’s spouse in filing an I-130 Petition for Client. We explained the circumstances surrounding the withdrawal of her application for admission in 2007. We also emphasized that this incident did not disqualify Client from obtaining a visa. USCIS agreed with the explanations and approved the petition. Client now lives in the U.S. with her husband.

Immigration

I-485 Approval-Issue on Validity of INA 245(i) Grandfathering Labor Certification

Aug 31, 2011

OUTCOME: USCIS approved the I-485.

Client entered on a B-2 visa in 1988 but he could no longer find his entry documents. There was no guarantee that an official records search could locate these documents. In 1995, an employer file ... d a labor certification on behalf of Client’s father. It was never known whether this labor certification was approved. Nevertheless, by virtue of this labor certification, Client was grandfathered under INA 245(i). In 2011, Client married a U.S. Citizen (USC). Shortly after, Client’s wife filed an I-130 Petition on his behalf. Client also filed his I-485 Application. During Client’s I-485 interview, USCIS raised the issue of the status of the labor certification filed in 1995. We could not show that the labor certification was approved but we explained to USCIS that approval was not required. It was only required that the labor certification was approvable when filed. USCIS eventually agreed with our arguments. USCIS approved Client’s I- 485. He now has his green card after more than 20 years of living in the U.S. in undocumented status.

Charles Learned Ala Medina's Legal Cases (62)

Board of Immigration Appeals (BIA) Reopens Case- Client Mistakenly Admitted Convictions

I-130 & I-485 Approvals- Spouses Live Separately Due to Economic Reasons

I-829 Approval (EB-5 Investor Successfully Removed Conditions on Residence)

F-1 Reinstatement for Student Who Fell Out Of Status

I-360 VAWA Approval After Tough RFE (Male Applicant)

I-601 Waiver Approval-USC Wife Moved to Mexico But Could Not Endure Hardship

Ninth Circuit Assumes Jurisdiction in a Reinstatement of Removal Case

Immigration Judge Terminates Case (Client Was Admitted But Did Not Enter With A Visa)

Consulate Approved Visa-Client's B-2 Was Previously Revoked

I-485 Approval-Issue on Validity of INA 245(i) Grandfathering Labor Certification