Case Status Update: Approvals- Work Permits (EAD), Travel Documents, Marriage Petitions, Green Cards, Naturalization, VAWA Prima Face Case Established
Replacement of Initial Employment Authorization Documents (EAD) for Asylum Applicant - We received an approval notice for a replacement of an initial Employment Authorization Documents (EAD) or Work Permits for a client (hereinafter “Y”), who is a native and citizen of Nigeria. Y's work permit is based on his pending asylum application which is based on their religion. Y's initial work permit was to his house but he never received it so he had to file for a replacement. The replacement card was mailed to our office to ensure that it was not stolen or misplaced.
Initial Employment Authorization Documents (EAD) & Advance Parole Travel Documents for Adjustment of Status Applicants: We received the following approval notices for Initial Work Permits (EAD) & Advance Parole Travel Documents:
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Based on Marriage Petition - A client, (hereinafter “Z”), who is a native and citizen of Serbia. Z's work permit and travel document eligibility is based on her pending adjustment of status application and marriage petition filed by her U.S. Citizen Spouse. Z and her husband are now waiting for their marriage interview to be scheduled so that Z can get her Conditional Green Card.
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Based on VAWA Petition - A client ,(hereinafter "X"), who is a native and citizen of Jamaica. X's EAD & Travel Document is based on her pending adjustment of status application and Violence Against Women's Act (VAWA) petition that she filed as an abused spouse of a U.S. Citizen. X has already established a prima facie case and is now waiting for a decision on her VAWA case.
Renewal Employment Authorization Documents (EAD: We also received the following approval notices for Work Permit (EAD) renewals:
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A client, (hereinafter, "S"), who is a native and citizen of Trinidad & Tobago. S's EAD is based on her pending application for Cancellation of Removal for Non-Permanent Residents. S had her Individual Hearing a couple of years ago and is now waiting for a visa # to become available so she can officially receive the approval for her Cancellation of Removal Application.
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We also received an approval notice for a renewal work permit (EAD) for a client, (hereinafter, "W"), who is a native and citizen of Mali. W's work permit (EAD) is also based on his pending adjustment of status application and marriage petition filed by his U.S. Citizen Wife. W is also in Removal/ Deportation Proceedings as a result of entering the United States using fraud or misrepresentation. As a result, W had to file an I-601, Waiver of Inadmissibility. W was not initially in Removal Proceedings when his wife filed for him, but after receiving his EAD and Travel Document, W was driving a truck in upstate New York and missed the last exit in New York and accidentally drove into Canada. Upon his attempt to re-enter the country a few minutes later, U.S. Customs & Border Patrol (CBP) noticed the fraud and misrepresentation in the system, as W already had his marriage interview and admitted to it. As a result, he was detained and placed into Removal Proceedings.
W's case serves as a good lesson. Even if you are issued a Travel Document from USCIS, it is crucial you consult with an immigration lawyer BEFORE you leave the country, as the mere issuance does not mean that you are going to be allowed to re-enter the country. W did not leave the U.S. on purpose, but he certainly would have been more careful had he known the consequences (W was planning to travel abroad a few weeks after this incident occurred and would have had the same issue upon re-entry).
Prima Facie Case Established for Violence Against Women's Act (VAWA) Self-Petitioner - We also received a notice that a VAWA Prima Face Case has been Established for a client, (hereinafter "U"), a native and citizen of Mali. U filed a for a Green Card as a VAWA Self-Petitioner based on the abuse and extreme cruelty that he has suffered at the hands of his U.S. Citizen spouse (VAWA is not just for women!).
A Prima Face Determination does not mean that U's VAWA petition will ultimately be approved. What it does mean is that U has presented some evidence of each element of a VAWA claim to move on to the next stage of adjudication. It is a necessary first hurdle that VAWA petitioners must get over. It also allows U to apply for certain public benefits while her petition is pending, which can be very helpful for spouses who had to flee their marital home.
Marriage Petitions & Green Cards Approved: We also received approval notices for the following clients for marriage petitions and green cards based on marriage to U.S. Citizen spouses:
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A client, (hereinafter, "V"), who is a native and citizen of Mali entered the U.S. in 2010 with a B-2 Visa. V's applications were approved after he and his wife attend a Stokes Interview.
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A client, (hereinafter, "R"), who is a native and citizen of Cote d'Ivoire entered the U.S. in 1995 with a B-2 Visa. This was R's second marriage and second marriage petition that was filed on his behalf. R almost had a major problem due to an alien relative petition that was filed on his behalf 20 years ago by a person who alleged to be his father. At the time, R did not speak English and fell prey to a typical scam where someone offers to fill out immigration forms for you claiming you are eligible for some type of immigration benefit. Fortunately for R, at the interview, I was able to convince the USCIS officer that fraud/ misrepresentation had to be ruled out because the petitioner in this case filed as R's father but was only 4 years older than R! Due to the impossibility, it was clear that R really was innocent with regard to the filing and he received his Green Card without the need and expense of filing an I-601 Waiver of Inadmissibility for fraud/ misrepresentation.
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A client, (hereinafter, "Q"), who is a native of Hong Kong and citizen of Australia entered the U.S. with an E-3 Visa. Q's marriage petition and green card were approved after her and her husband's interview and she receive a Conditional Green Card.
I-824, Action on an Approved Application/ Petition - We also received an approval notice for a client, (hereinafter, "P"), who is a native and citizen of Germany. P is in the U.S. and applied for a renewal of his E-2 Treaty Visa. After his E-2 renewal was approved, P had to leave the country but learned that he did not check the box on the E-2 renewal application that issued him a new E-2 Visa.
Visas are entry documents that literally allow a person to enter the United States, whereas E-2 is a legal immigration status that allows a person to remain in the U.S. lawfully provided he or she abides by the terms and conditions of the immigration status. Even if you are in valid immigration status within the U.S., you still need a physical visa based on that status to re-enter the country in that immigration status. Many people are unaware of this and fail to request a physical Visa upon renewal.
So, P came to us for help and we filed an application with USCIS to transfer his approval to the U.S Consulate abroad where a new Visa was issued in his name. Now, if P has to leave the country, he can go to the U.S. Consulate in Frankfurt, Germany to pick up his new E-2 Visa (within the validity dates) and re-enter the country without a problem. P's case presents another great example of how complicated immigration filings are and why it is highly recommended to contact an experienced immigration attorney before spending time and money on filings!
N-400, Application for Naturalization Approved - Finally, we received an approval notice for a Naturalization Application for a client, (hereinafter, "O"), who is a native and citizen of Montserrat. O received his Green Card based on an Alien Relative Petition filed by his Parents. O is now a proud U.S. Citizen!
We wish all of our recently-approved clients the best of luck!
**If you need representation in Removal/ Deportation proceedings or with help filing for immigration benefits, contact an experienced immigration attorney at The Shapiro Law Firm today to get started!**
(*please note that all identification information has been removed in order to protect our clients' privacy and in order to fully comply with attorney advertising rules and regulations*)