Attorney Charles Learned Ala Medina's Legal Cases

Immigration

I-485 Approval (After Notice of Intent to Deny Based on INA 245(k) Issue)

Jan 22, 2011

OUTCOME: USCIS approved the I-485,

In 2008, Client filed her I-485 adjustment of status application. She was a derivative beneficiary of her father’s approved I-140 Petition for a multinational executive. USCIS rejected Client’s I-4 ... 85 by mistake. In early 2010, Client finally found out that her I-485 had been denied. Client then filed a second I-485. USCIS issued a notice of intent to deny Client’s second I- 485 because USCIS found that she had failed to maintain her status for more than 180 days before she filed her second I-485. Under INA 245(k), an alien may adjust status even though he or she has failed to maintain status continuously for an aggregate period not exceeding 180 days. Client sought our help in responding to the notice of intent to deny. In our response, we explained to USCIS the exceptional circumstances in this case. We also requested for the retroactive approval of the second I-485 to cure Client’s failure to maintain her status. USCIS approved the I-485. Client now has her green card.

Immigration

Immigration Judge Grants 42A Cancellation of Removal (Battery & Drug Possession)

Jan 13, 2011

OUTCOME: IJ granted 42A.

Client has been a green card holder for 20 years. In 2006, he was convicted for possession of methamphetamine. In 2010, he was convicted for battery. He served a few days in jail for battery. ... After he was released from jail, Immigration and Customs Enforcement (ICE) initiated removal proceedings against Client. We were able to obtain cancellation of removal for Client and he has retained his green card because we had successfully presented all the positive factors in his favor.

Immigration

Immigration Judge Grants 42A Cancellation of Removal (Battery & Drug Possession)

Jan 13, 2011

OUTCOME: IJ granted 42A.

Client has been a green card holder for 20 years. In 2006, he was convicted for possession of methamphetamine. In 2010, he was convicted for battery. He served a few days in jail for battery. ... After he was released from jail, Immigration and Customs Enforcement (ICE) initiated removal proceedings against Client. We were able to obtain cancellation of removal for Client and he has retained his green card because we had successfully presented all the positive factors in his favor.

Immigration

I-751 Removal of Conditions Approval (Late Filing After 7 Months)

Dec 16, 2010

OUTCOME: USCIS approved the I-751.

In early 2009, Client hired a paralegal to file his I-751 Removal of Conditional Residence. Client’s conditional residence was then about to expire in September 2009. In July 2009, he completed the pap ... er work for his I-751. The paralegal assured him that the I-751 would be filed before the expiration of his residence. However, the paralegal never filed his I-751. The paralegal tried to hide this mistake from Client but Client eventually found out because the paralegal could not produce a receipt notice. Client came to us 7 months later searching for a solution. We filed his I-751 with an explanation of the extenuating circumstances in the case and good cause for late filing. USCIS approved his I-751.

Immigration

I-212 Special Permission and I-601 Waiver Approvals (Client Was Deported to Mexico 3 Years Ago)

Nov 30, 2010

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

Client had a deportation order. He lost his appeal in the Board of Immigration Appeals (BIA). One morning Immigration and Customs Enforcement (ICE) went to his house, arrested him, and deported him to ... Mexico. After he was deported, Client’s U.S. Citizen wife hired our services. Client has 2 U.S. Citizen children. We filed an I-130 Petition for him. USCIS approved the Petition. However, the U.S. Consulate in Ciudad Juarez, Mexico required Client to submit an I-212 permission to re-enter the U.S. due to his previous deportation and an I-601 waiver due to his previous unlawful presence in the U.S. In December 2010, 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 U.S. Citizen wife. A prior deportation, as well as unlawful presence for at least one year, 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 3 years since his deportation.

Immigration

Immigration Judge Reopens Case ( (In Absentia Order Issued 4 Years Ago)

Nov 17, 2010

OUTCOME: IJ reopened the case.

Client had another attorney representing her in her removal proceedings. Her attorney failed to appear in several hearings. Client missed her last hearing because she was afraid to appear by herself be ... fore the Court and her attorney could not assure her that he would appear at the hearing. In 2006, the Court ordered Client’s removal in absentia. Client hired us to reopen her removal proceedings. The Court reopened Client’s removal proceedings sua sponte because we were able to show exceptional circumstances in her case. The Court reopened the proceedings 4 years after the issuance of the in absentia removal order.

Immigration

I-129 K-1 Fiancée Petition Approval (29-Year Age Difference of Parties)

Oct 20, 2010

OUTCOME: USCIS approved the I-129 K-1.

Client met a lady online. They chatted. They fell in love. He visited her in the Philippines. They got engaged. He wanted to bring her to the U.S. as a fiancée but he was worried because he had previou ... s marriages, a prior petition for his ex-wife, and he is 29 years older than his current fiancée. We were able to get this K-1 visa petition approved without a request for evidence from USCIS because we extensively documented the couple’s courtship and relationship.

Immigration

I-485 Approval (Issue on Proof of INA 245 (i) Grandfathering Petition)

Oct 20, 2010

OUTCOME: USCIS approved the I-485.

In 2001, Client filed an I-130 Petition for her husband. Client did not get a receipt notice for this I-130. She did not know what happened to this I-130. In 2003, Client filed a second I-130. In 2 ... 004, USCIS approved the second I-130. In 2009, Client came to us to find out if her husband could apply for a green card. Our investigations revealed that the first I-130 was indeed filed on or before April 30, 2001, the cut-off date for obtaining benefits under INA 245(i). This means that husband could file his I-485 application for adjustment of status. Hence, we filed husband’s I-485. During the processing of the I-485, USCIS raised the issue of husband’s eligibility to adjust status because we could not produce the receipt notice for the first I-130. We were able to persuade USCIS that first I-130 filing can be shown by other means and we did prove this filing. USCIS approved husband’s I-485. He now has his green card after more than 10 years of living in the U.S. in undocumented status.

Immigration

Immigration Judge Reopens Case (Client Did Not Receive Notice to Appear (NTA))

Oct 18, 2010

OUTCOME: IJ reopened the case.

Client filed an I-485 adjustment of status application but USCIS denied her application. She then moved to another state. After she moved, USCIS initiated removal proceedings against her. Client di ... d not receive the notice to appear (NTA) from USCIS. Since she was unaware of the proceedings against her, Client failed to show up for her removal hearing. The Court ordered her removal in absentia. Client hired us to reopen her removal proceedings. We were able to persuade the Court to reopen her proceedings because we showed proof that she did not receive the NTA and that she would have a good chance of obtaining relief if her removal proceedings were reopened.

Immigration

Immigration Judge Grants 42A Cancellation of Removal (3 Convictions for Drug Possession)

Oct 08, 2010

OUTCOME: IJ granted 42A.

Client has been a green card holder for 21 years. In 2008 and 2010, he was convicted for possession of methamphetamine and paraphernalia for smoking controlled substance at least 3 times. He also h ... ad other minor arrests in the past. He served a few months in jail in 2010 for his last conviction. After he was released from jail, Immigration and Customs Enforcement (ICE) initiated removal proceedings against Client. We were able to obtain cancellation of removal for Client and he has retained his green card because we had successfully presented all the positive factors in his favor.

Charles Learned Ala Medina's Legal Cases (62)

I-485 Approval (After Notice of Intent to Deny Based on INA 245(k) Issue)

Immigration Judge Grants 42A Cancellation of Removal (Battery & Drug Possession)

Immigration Judge Grants 42A Cancellation of Removal (Battery & Drug Possession)

I-751 Removal of Conditions Approval (Late Filing After 7 Months)

I-212 Special Permission and I-601 Waiver Approvals (Client Was Deported to Mexico 3 Years Ago)

Immigration Judge Reopens Case ( (In Absentia Order Issued 4 Years Ago)

I-129 K-1 Fiancée Petition Approval (29-Year Age Difference of Parties)

I-485 Approval (Issue on Proof of INA 245 (i) Grandfathering Petition)

Immigration Judge Reopens Case (Client Did Not Receive Notice to Appear (NTA))

Immigration Judge Grants 42A Cancellation of Removal (3 Convictions for Drug Possession)