Attorney Charles Learned Ala Medina's Legal Cases

Immigration

N-400 Approved- Client Had a Minor Criminal Conviction

Aug 17, 2011

OUTCOME: USCIS approved the N-400.

An alien applying for naturalization must establish, among other things, that he has good moral character. An alien does not have good moral character if he has been convicted of certain types of offen ... ses or has engaged in certain types of conduct. A crime involving moral turpitude (CIMT) is a type of conviction that would prevent an alien from establishing good moral character. Client has been convicted of an offense classified as a CIMT. She filed an N-400 application years after this conviction. She hired us to help her address this issue during her N-400 interview. We assured Client that although she had been convicted of a CIMT, she fell under an applicable exception. At the interview, Client disclosed her conviction and explained the circumstances surrounding the incident. We were able to persuade the USCIS officer that Client had good moral character. USCIS approved the N-400 application. Client is now a U.S. Citizen.

Immigration

Client Gets Bond After BIA Appeal

Jul 21, 2011

OUTCOME: BIA granted the appeal.

Client was convicted of using a false ID in violation of the California Vehicle Code. In December 2010, Immigration and Customs Enforcement (ICE) detained Client and initiated removal proceedings again ... st her. Client filed a bond request with the Immigration Judge (IJ). In February 2011, the IJ denied Client’s bond request because he found that Client’s false ID conviction was a crime involving moral turpitude (CIMT), which was a disqualification from obtaining a bond. The IJ also found that Client had a prior theft conviction under the California Penal Code, which was also a CIMT. We filed an appeal with the Board of Immigration Appeals (BIA). In May 2011, the BIA sustained our appeal and remanded the case to the IJ for a new hearing to determine whether Client’s convictions were CIMTs. In July 2011, the IJ held a new hearing. We reiterated our original argument that Client’s grand theft conviction fell under an applicable exception. We also argued that Client’s false ID conviction was not a CIMT. We were able to persuade the IJ to finally grant bond and release Client. This case shows that if we believe there are strong arguments in favor of our clients, we are not easily discouraged by initial setbacks. We persevere until all reasonable remedies are exhausted.

Immigration

Victim of Wrong Filing Finally Gets Green Card

Jul 20, 2011

OUTCOME: USCIS approved the I-485.

USCIS used to allow employers to substitute an alien beneficiary named in an approved labor certification with new alien employee. The employer may file an I- 140 Petition on behalf of the new alien ... based on the approved labor certification of the substituted alien. USCIS had abandoned this practice on July 17, 2007. However, not everyone knew this change in policy. Our Client’s prior counsel filed an I-140 Petition for Client with a request for substitution of the labor certification beneficiary after July 17, 2007. USCIS predictably denied the I-140. USCIS also initiated removal proceedings against Client. We represented Client in his removal proceedings. We found out that Client was grandfathered under INA 245(i). He was also married to a lawful permanent resident. We filed an I-130 Petition for Client. His wife naturalized. We then requested USCIS to upgrade the I-130 Petition. USCIS upgraded the petition and later approved it. The Immigration Judge (IJ) granted our motion to terminate the proceedings. USCIS later approved Client’s I-485 application. Client now has his green card after living in the U.S. for 15 years in undocumented status.

Immigration

Board of Immigration Appeals (BIA) Reopens Case After Prior Dismissals By The Ninth Circuit And The BIA

Jun 02, 2011

OUTCOME: BIA reopened the case.

In 2005, the Immigration Judge (IJ) waived Client’s inadmissibility due to a criminal conviction. The Government appealed to the Board of Immigration Appeals (BIA). In 2007, the BIA reversed the IJ’s d ... ecision and remanded the case for further proceedings. Client, through prior counsel, filed a petition with the Ninth Circuit, which was dismissed in 2008. In 2010, the IJ granted Client voluntary departure. Client, still through prior counsel, filed another petition with the Ninth Circuit, which was promptly dismissed. Client then came to us for help. We noticed that instead of appealing the IJ’s 2010 decision to the BIA, Client went directly to the Ninth Circuit. As a result, he lost his appeal rights to the BIA but the Ninth Circuit could not entertain his petition because he bypassed the BIA. We filed a motion to reopen with the BIA due to the serious errors of prior counsel. In 2011, the BIA reopened the case and gave Client another opportunity to present his arguments and win relief. The reopening of the case also saved Client from imminent removal since ICE had already ordered him to report for removal.

Immigration

I-140 National Interest Waiver Approval

Apr 02, 2011

OUTCOME: USCIS approved the I-140 NIW.

Client is one of the top structural engineers in the world. He has worked on major bridges and freeways in the U.S. He has a post-graduate degree from one of the top engineering schools in the U.S. He ... is currently on an H-1B visa but he wants to have a green card. We filed an I-140 Petition for him under the EB-2 classification for aliens of exceptional ability in the sciences, with an application for a national interest waiver (NIW) of job offer. An approved labor certification is normally required before the filing of an EB-2 Petition. However, USCIS may waive this requirement if it is in the national interest to do so. USCIS approved this petition because we were able to show, among other things, how the national interest would be served by waiving the requirement of a labor certification in this particular case.

Immigration

I-212 Special Permission and I-601 Waiver Approvals (Client Was Deported to the Philippines 4 Years Ago)

Feb 23, 2011

OUTCOME: USCIS approved the I-212 and I-601.

An Immigration Judge (IJ) ordered Client’s deportation 4 years ago due to his conviction for a crime involving moral turpitude (CIMT). He has been living in the Philippines ever since. In 2010, the pri ... ority date of Client’s F-2B Petition from his then lawful permanent resident (LPR) father became current. Client had his immigrant visa interview at the U.S. Consulate in Manila but the Consulate denied his visa due to his prior deportation and his CIMT conviction. We filed an I-212 permission to re-enter the U.S. due to Client’s previous deportation and an I-601 waiver due to his CIMT conviction. USCIS approved both the I-212 and the I-601 based on the positive factors in favor of Client and the extreme hardship on his now U.S. Citizen father, who suffers a mild form of physical disability. A prior deportation prohibits an alien from returning to the U.S. for a period of 10 years. Due to Client’s approved I-212 and I-601, he can now return to the U.S. after only 4 years since his deportation.

Immigration

Board of Immigration Appeals (BIA) Reopens Proceedings More Than 10 Years After Client Was Granted Voluntary Departure

Feb 16, 2011

OUTCOME: BIA reopened the case.

In 1998, the Immigration Judge (IJ) granted voluntary departure to Client. Client filed an appeal with the Board of Immigration Appeals (BIA). In 2000, the BIA denied the appeal. Client never left the ... U.S. after she lost her appeal. Under the law, an alien granted voluntary departure but who fails to depart the U.S. within the time period specified for departure is ineligible for a period of 10 years for cancellation of removal, adjustment of status, asylum or registry benefits. In 2005, Client married a U.S. Citizen. In 2010, we filed an I-130 Petition for Client based on this marriage. In 2010, we also filed a motion to reopen Client’s removal proceedings so that she could apply for adjustment of status based on her husband’s I-130 Petition. In 2010, Client was no longer barred from seeking adjustment of status due to the lapse of 10 years. However, a motion to reopen may be filed within 90 days after the BIA’s decision. This deadline had long passed. We argued that, based on the totality of circumstances, the BIA should reopen the proceedings. The BIA agreed and remanded the case to the IJ for further proceedings. Client now has a second chance to obtain relief and a green card.

Immigration

Board of Immigration Appeals (BIA) Reopens Case After Almost 8 Years

Feb 10, 2011

OUTCOME: BIA reopened the case.

In June 2010, Client came to our office with a decision by an Immigration Judge (IJ), dated February 2001 granting him relief. Client had no other document. He had lost contact with his prior attorney. ... He did not know what to do. He was tired of living in constant fear of deportation. So we did some inquiries with the Court and with USCIS. USCIS was prepared to issue a green card due to the IJ’s favorable decision but USCIS later found out that the Government had appealed this case and that the Board of Immigration Appeals (BIA) had issued an unfavorable decision to Client in February 2003. Prior attorney never told Client that there was an appeal in his case. The case even went to the Ninth Circuit Court of Appeals but Client knew nothing about this. We filed a motion to reopen with the BIA due to prior attorney’s fraud. A motion to reopen may be filed within 90 days after the BIA’s decision. This deadline had long passed. However, we requested for an equitable tolling of the deadline due to fraud. The BIA agreed and reopened the proceedings. The BIA remanded the case to the IJ for further proceedings. Client now has a second chance to obtain relief and a green card.

Immigration

Immigration Judge Grants Bond (Client Had 2 Minor Offenses)

Jan 31, 2011

OUTCOME: IJ granted bond.

In 2010, Client had a conviction for fraudulent sale of property. After serving her 60-day jail sentence, Immigration and Customs Enforcement (ICE) took custody of Client and detained her for removal p ... roceedings. ICE refused to release Client from custody due to her 2010 conviction and a prior conviction for petty theft. ICE found that both of these offenses are crimes involving moral turpitude (CIMT). Under the law, an alien convicted of a CIMT is subject to mandatory detention and is not entitled to be released on bond while removal proceedings are pending. We applied for a bond redetermination before the Immigration Judge (IJ). We argued that each of Client’s conviction falls under an applicable exception. Hence, these offenses do not count as convictions for immigration purposes. The IJ granted bond and ordered Client’s release.

Immigration

I-130 & I-485 Approvals – Client Entered as a Transit Alien

Jan 24, 2011

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

In 2004, Client entered the U.S. as a transit alien en route to Honduras. She did not leave the U.S. after this entry. In 2005, Client married a U.S. Citizen. In the past 5 years Client did not app ... ly for a green card because she had been advised many times that due to the nature of her entry she does not qualify for adjustment of status. In 2010, Client came to us to get a different opinion. We told her that she qualified for adjustment despite opinions to the contrary. We filed Client’s I-485 application for adjustment of status. During her adjustment interview, USCIS was not quite sure whether Client was eligible for adjustment. USCIS issued a request for evidence. We were able to persuade USCIS that the law does not prohibit transit aliens like Client from adjusting status. We were also able to show through extensive documentation of Client’s personal, educational and work history that she did not belong to those classes of aliens who are statutorily ineligible for adjustment. USCIS approved Client’s I-485. She now has her green card after more than 6 years of living in the U.S. in unlawful status.

Charles Learned Ala Medina's Legal Cases (62)

N-400 Approved- Client Had a Minor Criminal Conviction

Client Gets Bond After BIA Appeal

Victim of Wrong Filing Finally Gets Green Card

Board of Immigration Appeals (BIA) Reopens Case After Prior Dismissals By The Ninth Circuit And The BIA

I-140 National Interest Waiver Approval

I-212 Special Permission and I-601 Waiver Approvals (Client Was Deported to the Philippines 4 Years Ago)

Board of Immigration Appeals (BIA) Reopens Proceedings More Than 10 Years After Client Was Granted Voluntary Departure

Board of Immigration Appeals (BIA) Reopens Case After Almost 8 Years

Immigration Judge Grants Bond (Client Had 2 Minor Offenses)

I-130 & I-485 Approvals – Client Entered as a Transit Alien