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5 Ways to Prevent Deportation

deportation lawyer

The Best Defenses Against Deportation

Currently, deportation is a hot button topic in the country. President Trump ran a campaign that centered around deporting illegal immigrants and securing the countries borders. Over the last month, this has become the focal point of his administration. By some estimates, there are currently 11 million undocumented immigrants that could be at risk of deportation. This has caused an enormous amount of fear in the immigrant population of the U.S. Luckily; there are ways to fight back. The first step is to find a deportation lawyer.

Finding the Right Deportation Lawyer

First and foremost it is important to find the proper deportation lawyer. The right firm will have knowledge about deportation from both sides of the courtroom. Look for someone with a previous background in the prosecution of these cases. They will know the strategies that the prosecution will use. It is also important that the deportation lawyer you pick has experience in all areas of immigration law, and will put your needs first. Lastly, never pay for a consultation. Consultations should be free, accurate and honest. Given all of these factors, Pozo Goldstein is the best immigration lawyer in NYC.

Determining the Proper Defense

While U.S. immigration laws only allow small portions of people to remain in the U.S and receive or keep green cards, the law provides more ways to fight against removal than you may think. There are some things applicants may qualify for including asylum, withholding removal, and cancellation of removal. At the very least voluntary departure can be used as a way of leaving the U.S. without some of the harsh consequences of deportation. We will examine all of the possible defenses for both undocumented immigrants as well as green card holders.

 

Defenses an Undocumented Immigrant Can Raise

There are some defenses that a deportation lawyer could use on behalf of an undocumented immigrant. These are the courses of action that may be best and who qualifies for such defenses.

  • Adjustment of Status: This changes your status from nonimmigrant to immigrant, to receive legal status in the United States. While there are some exceptions, you have to have entered the U.S. legally to qualify for adjustment.
  • Asylum: This protects people who have fled persecution or fear of future persecution in their home country. This allows you to receive legal status, and eventually a green card.  To qualify you will have to prove that you are unable to return home because of persecution based on your race, religion, nationality, membership in a social group, or your political opinion.
  • Withholding of Removal: This status is like an asylum. You have to show that it is “more likely than not” that you would be persecuted if you returned to your home country. Withholding of removal provides fewer benefits than asylum. Recipients are not eligible for permanent residence or travel outside of the U.S.
  • Cancellation of Removal: This is a way to obtain a green card. You have to prove that you have been in the U.S. for more than ten years and that your removal would cause “exceptional and extremely unusual hardship” to a “qualifying relative” (a spouse, parent, or child who is a U.S. citizen or permanent resident).
  • Deferred Action: This is simply an agreement by the U.S. government to put your case on hold. The government will not change your status, but they also will not deport you. The government attorney can negotiate on behalf of the U.S. and award this status.

 

Defenses a Green Card Holder Can Make

There are some offenses that could cause you to be deported even if you already have a green card. These offenses include violating the terms of your green card, termination of status, helping smuggle people in the country, committing a crime or marriage fraud to name a few. If you already have a green card and are facing deportation, there are some defenses that could apply to you.

  • Cancellation of Removal for Lawful Permanent Residents: To qualify you must have been a lawful permanent resident for at least five years. You also must have continually resided in the U.S. for at least seven years. The green card holder must also have not been convicted of an aggravated felony and have not received cancellation of removal in the past.
  • Waiver of Alien Smuggling: You may be eligible for a waiver if you are a lawful permanent resident, helped smuggle and immediate family member, and the court decides you deserve an exemption.

The Last Resort

If you and your deportation lawyer have tried all possible avenues to have your status changed and were unsuccessful, you could apply for voluntary departure. Voluntary departure allows you to leave the country on your own without an order of deportation on your record. An order of deportation would automatically bar you from returning to the U.S. While this is not an ideal scenario it does allow you to reenter the United States at a later date.

Motion to Rescind In-Absentia Order and Reopen Removal Proceedings

Our client was Ordered removed in December 2009 when she failed to appear for her hearing before an Immigration Judge. We filed a Motion to Reopen claiming that our client had complied with the USCIS change of address requirements but the Immigration Judge denied our request. We filed an appeal with the Board of Immigration Appeals and they agreed with our arguments that the Immigration Judge committed reversible error.

Our client was released after a bond hearing once her case was reopened. She will now be allowed to stay in the United States.

Motion to Reopen Granted by the Board

Miami Political Asylum

Political Asylum – Individual requesting political asylum due to persecution in his home country on account of his sexual orientation. Individual placed in deportation proceedings before an Immigration Judge. Case presented before the Immigration Judge in Miami, Florida.

Case Granted

Miami Political Asylum

Political Asylum – Individual from Iran was persecuted due to his practice of the Baha’i Faith. Mr. Goldstein represented this individual at the Asylum Unit in Miami, Florida.

The Individual Will Not Have to Return to Iran

Cancellation of Removal

Our client, a native and citizen of Brazil entered the United States on Novemeber 29, 1991. He was referred to Immigration Court in Miami, Florida and we applied for cancellation of removal for non-permanent residents based on hardship to his United States citizen children, one of which was diagnosed with Attention Deficit Hyperactivity Disorder.

Besides the obvious factors associated with the disorder, the children had been educated entirely in English and did not read and write or speak the Portuguese language. The Immigration Judge found that there was a showing of extreme and exceptionally unusual hardship and granted cancellation of removal to our client who will now be able to remain in the United States caring for his children.

Cancellation of Removal

Reason to Believe

Cuban National was denied a green card by United States Citizenship and Immigration Services. The USCIS claimed that they had reason to believe that he was a drug trafficker because of an arrest that resulted in dropped charges. The client was referred to an Immigration Judge. After a full hearing, the Immigration Judge correctly found that the government did not meet their burden of proof to show that our client was a drug trafficker. The Immigration Judge granted the application for green card and the government did not appeal. Final order.

Green Card Application Granted

Convention Against Torture

Our client feared returning to her native country due to her fear of torture by the government or by groups that the government is unwilling or unable to control. The burden of proof in these cases is high because if the Immigration Judge finds that the alien will be tortured if returned to his or her native country, he MUST order that deportation be deferred. In this case, the Immigration Judge did find that we met our burden of proof and granted our case.

Protection Under the Convention Granted

Cancellation of Removal

Our client is a National of Brazil who is the father of a severely brain-damaged child. The evidence of hardship was overwhelming in this case; however, there were issues regarding possible past immigration violations that could impact on our client’s good moral character, which is a requirement for cancellation of removal. After lengthy testimony, the Immigration Judge granted our application and the Government waived appeal to make the order final and our client a lawful permanent resident.

Cancellation of Removal Granted

Federal Appeal

Our client was denied a green card before the United States Citizenship and Immigration Service and the Immigration Court due to an issue of immigration fraud. We appealed the denial, first, to the Boward of Immigration Appeals and then to the Eleventh Circuit Federal Court of Appeals. The Federal Appeal Court found in our favor and remanded the case back to the Board of Immigration Appeals to issue a decision.

Case remanded to BIA

Cancellation of Removal – Detained Alien

Our client was detained at the Krome Service Processing Center facing deportation. We presented a cancellation of removal case in immigration court which was complicated by the fact that our client was somewhat developmentally impaired. After a lengthy hearing, the Immigration Judge granted our application and our client retained his green card and was released from custody.

Cancellation of Removal Granted

Removal Proceedings Terminated

Termination of Deportation Proceedings – Lawful Permanent Resident facing deportation due to conviction for Grand Theft. Filed Motion to Terminate asserting that the Department of Homeland Security could not prove that the conviction was a Crime Involving Moral Turpitude because the Florida Theft Statute was too broad.

Lawful Permanent Resident Status Restored

New York – Permanent Resident Defense Attorney

Lawful Permanent Resident placed in deportation proceedings in New York for Drug Trafficking. Plea was taken in court after April 24, 1996, thus appearing to disqualify him from a 212(c) waiver. Investigation determined; however, that the actual plea was negotiated and signed BEFORE April 24, 1996, thus qualifying him to apply for a 212(c) waiver.

212(c) Waiver

Cancellation of Removal

Cancellation of Removal for Non-LPR’s – Individual who entered the United States illegally placed in deportation proceedings in Miami, Florida. He was present in the United States for over 10 years and his son was diagnosed with Cystic Fibrosis. Presented a Cancellation of Removal case before the Immigration Judge showing extreme and exceptionally unusual hardship to the United States citizen son.

Cancellation of Removal Granted

New York Immigration Proceedings Terminated

Termination of Removal Proceedings – Individual in immigration custody in Batavia, New York for violation of the immigration laws due to a firearms conviction. Removal proceedings were initiated to deport him from the United States. Mr. Goldstein was able to convince the ICE trial attorney that the firearms conviction was on “direct appeal” even though the appeal had lapsed and then reinstated. The ICE attorney agreed and filed an oral motion to terminate proceedings and the client was released from custody.

Client Released From Immigration Custody

Deportation Defense – Cancellation of Removal For Permanent Residents

Our client, a citizen and national of Jamaica, was convicted in Palm Beach Florida of possession with intent to deliver a controlled substance. He was sentenced to four years in prison. At the time, he was a green card holder. He was placed in removal proceedings in accordance with the Institutional Hearing Program (IHP). Our client was ordered removed by a Miami Immigration Judge due to his conviction constituting an aggravated felony. After the 11th Circuit Court of Appeals ruled on the Donawa case, we filed a Motion to Reopen his removal proceedings based on the premise that the Court of Appeals found that our client’s conviction could no longer be considered an aggravated felony. Our client completed his criminal sentence and was transferred to an immigration detention facility near Orlando, Florida. After being transferred, and while his immigration case was pending, the Board of Immigration Appeals issued a decision in a case called, Matter of L-G-H.

Because of this latest case, the Orlando Immigration Judge ruled that our client was, again, an aggravated felon and could not apply for Cancellation of Removal. We attended an individual hearing in the Orlando Immigration Court and argued that our client’s case was different than that of the respondent in Matter of L-G-H, and after legal arguments, the Immigration Judge agreed and granted Cancellation of Removal for our client. He will be released from immigration detention immediately.

Cancellation of Removal Granted

Deportation Defense – Adjustment of Status

Our client, a Peruvian National, was initially detained by ICE. We secured her release on an ankle bracelet. Now, after we filed a family-based petition from her daughter, our client’s case was granted and she was approved for adjustment of status.

From ankle bracelet to green card.

Adjustment of Status Granted

Deportation Defense, Termination of Proceedings For Provisional Waiver Approval

Our client entered the United States without inspection and is married to an American citizen. As a result, she cannot adjust her status to a green card holder without leaving the United States and consular processing in her country. Leaving the United States at this time, however, would trigger a bar that prevents her from being admitted back. On March 4, 2012, President Obama created a new regulation that allows a person needing to consular process to ask for a waiver of the bar while still in the United States. If the waiver is granted, the person can consular process without fear of being denied re-entry. Our client was in removal proceedings, we applied for and granted a visa petition based on marriage. We then applied for a provisional waiver and it was also approved. Once approved, we filed a motion to recalendar the removal proceedings case and the Immigration Judge dismissed the proceedings so our client can consular process and reenter the United States with a green card.

Professional Waiver Granted

Deportation Defense, Termination of Proceedings

Our client was convicted of cocaine possession in Miami-Dade County, Florida. As a result, he was placed in removal proceedings. We filed a motion to vacate his case in criminal court and the Judge granted our motion. We filed a motion to the Miami Immigration Judge to Reopen and Terminate Removal Proceedings because there no longer existing any grounds for removal. The Immigration Judge granted our motion and our client retains his green card.

Removal Proceedings Terminated

Deportation Defense, Cancellation of Removal

Our client is a native and citizen of Trinidad and Tobago. He is a lawful permanent resident for many years and was placed in removal proceedings based on an arrest and conviction for possession of marijuana with intent to distribute. He was arrested with marijuana, a scale and a handgun. He was initially charged with an immigration aggravated felony which resulted in him not being eligible for cancellation of removal. After the U.S. Supreme Court decided that cases like his were not categorically aggravated felonies, we filed a motion on his behalf and the Immigration Judge granted our motion. As a result, our client was able to apply for cancellation of removal and, after a full merits hearing, the Miami Immigration Judge granted his case.

Client Retains Green Card

Deportation Defense, Motion to Terminate Removal Proceedings

Our client is a Lawful Permanent Resident since 2009 and was charged with burglary of a structure with intent to commit theft in 2012, thus making him inadmissible under 212(a)(2)(A)(i)(I) of the act as an alien committing a crime involving moral turpitude. It was argued that that burglary of a structure is not inherently a crime involving moral turpitude, and it was argued that the underlying offense of theft is also not a crime involving moral turpitude. The Miami Immigration Judge agreed that client’s crime of burglary of a structure with intent to commit theft is not a crime involving moral turpitude and proceedings were terminated, and Green Card returned.

Case Terminated, Client Retains Green Card

Adjustment of Status with an I-601 Waiver

Our client, a native and citizen of Colombia was placed in removal proceedings and detained by Immigration and Customs Enforcement for convictions including three burglaries and two cases of interfering with the custody of a child. These convictions occurred in both Miami-Dade and Broward County Florida. We applied for adjustment of status to lawful permanent resident for our client through his marriage to a United States citizen spouse. Because of his convictions, he was required to file for a waiver of inadmissibility under Section 212(h) of the Immigration and Naturalization Act. After a lengthy removal hearing before an Immigration Judge, our client was granted relief in the form of adjustment of status in conjunction with the 212(h) waiver. He is now free from ICE custody and home with his family.

Adjustment of Status with an I-601 Waiver Granted

Termination of Removal Proceedings

Our client, a native and citizen of Mexico, was detained in El Paso, Texas. We were able to change the venue for his case to the Miami Immigration Court in Miami, Florida. At the first master calendar hearing, we requested termination of the removal proceedings based on an approved I-130 visa petition. We proved that our client was qualified under 245(i) based on an I-130 filed by USC sister.

Termination of Removal Proceedings

Cancellation of Removal

Our client, a native and citizen of Italy was previously arrested and convicted for Possession of Xanax, Domestic Violence, violation of Restraining Order, petty retail theft, and possession of cocaine with intent to sell and distribute. He was, however, a long time green card holder. After a long removal hearing before an Immigration Judge, we prevailed and our client was granted Cancellation of Removal.

Cancellation of Removal Granted

Cancellation of Removal

Our client, a Canadian citizen with a green card was previously convicted of Aggravated Battery , 2 counts of Forgery, Fraud, and insurance fraud. We applied for Cancellation of Removal for green card holders in the immigration court in Miami, Florida. After a full merits hearing, the Immigration Judge granted our client Cancellation of Removal and he will now be able to keep his green card and travel freely.

Cancellation of Removal Granted

Cancellation of Removal

Our client, a Haitian national, was convicted of possession with intent to deliver marijuana. In the past, he would not have been able to apply for cancellation of removal . The recent appeals court case of Donawa, changed the landscape for people with this conviction in the State of Florida. Because of the Donawa case, we were able to make the argument that our client was able to qualify for cancellation of removal. The individual hearing was held in the Miami immigration court and, after the hearing before an Immigration Judge, our client was granted relief and will retain is green card status.

Cancellation of Removal Granted

Adjustment of Status with Waiver

Our client has been in the United States since the 70’s and has a long history of criminal arrests, including three firearm offenses. His wife, who’s undergoing eye surgery for her blindness, will suffer extreme hardship if he is deported. We filed an adjustment of status application along with a 212(h) waiver. After a full hearing the Immigration Judge at the Krome Service Processing Center granted the case and the wife has now been united with her husband after he was in custody for fourteen months.

Adjustment of Status with Waiver Granted

Adjustment of Status with Waiver

Our client has been present in the United States since 1995. He has a series of criminal convictions which required that he file a waiver to be able to adjust status to a green card holder. He has, in the past, failed to adjust status due to these convictions.

Adjustment of Status with Waiver Granted

Cancellation of Removal

Our client, an LPR since 1991, was placed in removal proceedings for possession of marijuana and drug drug paraphernalia. After a full merits hearing before an Immigration Judge, our client was granted Cancellation of Removal.

Cancellation of Removal Granted

U Visa

Our client was assaulted at a gas station in Panama City, Florida where he was a store clerk. Defendants hit him in the head with a claw hammer numerous times. The defendants then proceeded to take $1,000.00 in cash from the register and our client was left inside the store bleeding from the head.

Our client received seven pin staples or stitches due to the injuries. He also underwent a CT scan. In addition to the substantial physical abuse he suffered, he suffered extreme mental distress and depression because he was subsequently sued by Bay Medical Hospital for failure to pay the medical bills that resulted from the medical treatment he received the night of the incident.

The first defendant was convicted of Principal in the First Degree to Robbery with a Deadly Weapon on March 30, 2012 and he was sentenced to one year in county jail, one year of community control, eight years of probation, one hundred hours of public service work, $1,077.00 in court costs and fines, no contact with the victim or the co-defendant and $750.00 in restitution to Mr. Chelamalla, among other things. The second defendant was convicted of Robbery with a Deadly Weapon, Aggravated Battery and Grand Theft.

Our client was admitted to the United States on an F-1 visa on June 6, 2007 to pursue a master’s degree. He received his Master’s of Science in Electrical Engineering on July 27, 2007. His former employer filed a Petition for a Nonimmigrant Worker, Form I-129 on behalf of him but this visa process was not completed after he lost his job with the sponsoring company.

We applied for a U visa for our client and, after review, it was approved.

U Visa Approved

Political Asylum – Withholding of Removal

We represented a Colombian National who was present in the United States for more than 10 years. She suffered abuse at the hands of her family and she suffers from a debilitating disease for which she needs medical care. After a lengthy removal proceedings hearing before an Immigration Judge, the Judge and prosecutor agreed to a grant of Withholding of Removal and our client will be able to remain in the United States legally. She will be able to legally work and drive and seek the medical treatment she needs.

Withholding of Removal Granted

Political Asylum – Withholding of Removal

We represented a husband and wife, both citizens and natives of Colombia. They had applied for political asylum with a previous attorney and were denied. We filed an appeal in their case and, as a result of a change in circumstances, the Board of Immigration Appeals remanded their case back to the Miami Immigration Judge.

After a new individual hearing before the Immigration Judge, the Judge granted both husband and wife Withholding of Removal which means that they both will be able to remain safely in the United States.

Withholding of Removal Granted

Political Asylum – Withholding of Removal

We were retained to represent a woman who is native and citizen of Jamaica, and is openly gay. Our client resided in the United States for several years before she had a problem with the law that led to a conviction for a drug related offense. This conviction subjected her to removal from the United States and the United States Department of Homeland Security, in Miami, Florida issued a Notice to Appear in Immigration Court and defend herself from deportation to Jamaica.

Because her particular conviction related to trafficking a controlled substance, she was barred from seeking many forms of relief before the Immigration Court. Her only hope was to apply for Political Asylum from Jamaica. Since there is a requirement that an application for Political Asylum be filed within one year of entering the United States (unless we can prove an exception due to changed circumstances), our client would also have to apply for the more difficult forms of relief, Withholding of Removal and Protection pursuant to the Convention Against Torture (CAT). In order to be eligible for Political Asylum, an applicant must prove that they fear harm if they were to return to their home country based on one of five grounds, race, religion, national origin, membership in a particular social group, or political opinion. Because our client is an openly lesbian woman, who is married to another woman, we were able to base her asylum claim on membership in a particular social group, that social group being a homosexual. Because Jamaica is a dangerous place to be openly gay, we were able to provide numerous articles on point that supported her assertion that she would be targeted and in grave danger if she returned to Jamaica. The Immigration Judge allowed us to present our case at an individual hearing at the Miami Immigration Court and dedicated the entire afternoon docket to our case. The trial took several hours to complete and our client testified at length about the harm she would face in light of the homophobic gangs that plague Jamaica and the lack of police protection that she would be afforded. Her same sex partner, and wife testified regarding her knowledge of the danger in Jamaica and corroborated our client’s testimony. We also had several family members and friends testify that they feared for our client’s life if she were to be deported to Jamaica on account of her open homosexuality. The trial attorney for the Department of Homeland Security did not agree with our argument and opposed our client’s case. The trial attorney also argued that our client’s application fell outside of the one year time limit for asylum.

Application Granted

Cancellation of Removal

Our client, a 23 year old young man and citizen of Brazil, was arrested by ICE and detained at the Krome Service Processing Center for having been convicted of simple possession of a small amount of marijuana on two occaisions since becoming a lawful resident of the United States. He was placed in removal proceedings. He is an integral part of his parents’ business in West Palm Beach, Florida and one of two sons who, together with their family, legally entered the United States many years ago. After a hearing before an Immigration Judge at Krome, the Judge granted Cancellation of Removal and our client was released to his family.

Cancellation of Removal Granted

Adjustment of Status with Waiver

Our client entered the United States from Guatemala on a tourist visa but overstayed, deciding to remain in the United States. She subsequently married a Cuban who was accorded his lawful permanent resident status through the Cuban Adjustment Act. He eventually petitioned for her to become a resident through the same law and were scheduled for an interview on the marriage. The problem arose because at the time of the interview, the couple had decided to end their relationship, but were continuing to reside in the same house. The Cuban husband offered to attend the interview in order to help her obtain her immigration status. Of course, when the Immigration Officer asked pertinent questions regarding the marriage, they were unable to corroborate the same story. Her application was denied and a finding of Marriage Fraud was added to the denial. Eventually she met and married her current husband, a United States citizen, but from the of Argentina. When he petitioned for her to become a lawful permanent resident, the application was denied due to the marriage fraud finding and a Notice to Appear was issued, placing her into removal proceedings before the Immigration Court.

We were hired to represent her at her final hearing when she became uncomfortable with her representation. We took over the case and decided to prepare a waiver and have it ready to file in the event that the Immigration Judge determined it would be necessary. However, we initially argued that the waiver was not necessary due to the circumstances of the case. Based on the honest testimony of our client and the notes that the Immigration Officer had included in her first denial, we presented the necessary requirements for the waiver. Normally, in order to evidence extreme hardship to the qualifying relative, there is a medical or emotional issue involved. In this case, we relied on the testimony of her only qualifying relative, her husband. He testified frankly that he could not live in the United States without his wife. The trial attorney argued that the burden of proof for the waiver had not been met as the hardship requirement had not been reached. We rebutted her argument by presenting the facts that the couple had purchased a business and a home together and relied on one another for emotion and financial support through their obvious bona fide marriage.

Granted Her Adjustment of Status

Cancellation of Removal

Our client, a national and citizen of Haiti, came to the United States when he was only 5 years old. Unfortunately, he has an extensive arrest record of about 40 arrests with multiple convictions for marijuana possession. He was in immigration custody at the Baker County Jail and his immigration hearing was conducted in the Orlando Immigration Court. After a two hour hearing and much deliberation, the Immigration Judge granted Cancellation of Removal and our client is now home with his family and on a path to being a productive citizen.

Cancellation of Removal Granted

Adjustment of Status with Waiver

Our client, a citizen and native of Canada, was convicted of Theft of Government funds in the amount of over $400,000.00. Our client is a gambling addict who committed the acts of theft to support his habit. After serving an 18 month sentence in Federal Prison, he was transferred to an immigration detention facility and placed in removal proceedings. We submitted an I-130 petition by his U.S. citizen wife and an adjustment of status application with a waiver for the ground of removal which was an aggravated felony.

Adjustment of Status with Waiver Granted

Waiver Under 212(c)

We were initially hired to represent a young woman who had been adopted from overseas, but her parents had never finished the process of according her United States Citizenship. In her early twenties, she was arrested and convicted of possession of dangerous drugs and was placed into removal proceedings. She had seen two previous immigration attorneys who told her that they could not help her and that she had no relief. After examining all of her records, we were able to determine that we could apply for a waiver in her case. Once we prevailed on a 212(c) waiver and had her lawful permanent residence restored, we immediately filed for naturalization. We filed the application in December of 2012 and by the first week of February, had an appointment with USCIS in West Palm Beach (less than two months after filing!) Our client had previously applied for and was denied citizenship due to the conviction. We attended the interview, and she passed both the examination and presented the 212(c) waiver that had been granted, along with a certified copy of the conviction. The officer announced that her citizenship would be granted, pending a supervisor approval and that we should have a date within two weeks and she would most likely be sworn in around April. When we had not heard anything after two weeks, we made an Infopass appointment immediately and inquired at the West Palm Beach Field Office, what was happening regarding her decision.

Application Approved

Cancellation of Removal

Our client, a native and citizen of England, was previously convicted in California for Transportation of Marijuana with Intent to Sell. As a result, he was detained by the immigration authorities and housed in the Krome Service Processing Center in Miami, Florida. The Immigration Judge heard arguments regarding his pending deportation and after a protracted removal proceeding, his case was granted. The Judge found that his conviction was not an aggravated felony and, thus, he was afforded the opportunity to apply for this waiver.

Cancellation of Removal Granted

Stay of Deportation

Our client, a native and citizen of Guatemala, entered the United States legally in 1998. Unfortunately, he is the subject of an Order of Deportation dating back to 1996 when he was not in the United States. Despite many attempts at Motions to Reopen, ou client’s case was denied. He is married to a United States citizen. We filed an administrative Stay of Deportation showing that if our client was deported, his family consisting of American citizens would suffer.

Stay of Deportation Granted

Political Asylum Granted

Client was in removal proceedings and applied for Political Asylum from Albania. Client testified before the Immigration Judge and was granted political asylum and, as a result, does not have to return to danger in Albania. Client will be eligible for a green card in one year.

Political Asylum Granted

Removal of Conditions – Form I-751

Our client, a native and citizen of Argentina married a United States citizen and was granted permanent resident status. Before removal of conditions, he and his wife were divorced. He filed on his own to remove the conditions and was denied by USCIS. In removal proceedings, we applied to the Immigration Judge in Miami to review the denial. After a protracted hearing and additional filing of evidence, the Immigration Judge granted our application to remove the conditions.

I-751 Removal of Conditions Granted

Cancellation of Removal for Green Card Holders

Our client, a native and citizen of Venezuela, was facing deportation due to convictions for aggravated assault and felony battery and marijuana possession. Although our client’s criminal history was an issue, we presented a complete package showing that our client has significant family ties in the United States and that our client suffered from a form of mental illness which is being treated. After a full merits hearing, the Immigration Judge at the Krome Service Processing Center granted Cancellation of Removal.

Cancellation of Removal Granted. Client released

Cancellation of Removal for Non-Resident

Our client, a native and citizen of Ecuador, was detained by ICE due to driving without a license. He entered the United States more than 10 years ago. He was involved in a few arrests that did not result in convictions. His mother, who is a lawful permanent resident, is an older woman who suffers from various illnesses. Our client is the one who takes care of his mother. After a hearing at the Krome Service Processing Center (Krome Detention Center), the Immigration Judge granted his case.

Cancellation of Removal Granted

Termination of Removal Proceedings

Our client, a native and citizen of Haiti is a green card holder based on refugee status. He applied for citizenship but was placed in removal proceedings before a Miami Immigration Judge because he was convicted four times for grand theft. These convictions were the result of insuffcient funds in his checking account but, nevertheless, were charged as theft. We contested that all of the convictions were not crimes involving moral turpitude and that the immigration authorities could not sustain their burden of proof. After an evidentiary hearing, the Immigration Judge ruled in our favor and dismissed all deportation charges. Our client can now resume his application for citizenship with USCIS.

Case Dismissed

Adjustment of Status with Waiver in Removal Proceedings

Our client, a native and citizen of Guatemala, was placed in removal proceedings and detained at the Krome Detention Center in Miami, Florida due to two convictions for marijuana possession and a conviction for resisting arrest. Our client came to the United States at the age of 8 months and has resided here ever since. In addition to his convictions, his driving record was abysmal. He cares for both his Grandparents in a retirement community and we presented that and other equities during his individual hearing before the Immigration Judge. Despite his criminal history, the Immigration Judge granted his waiver application for Cancellation of Removal for Permanent Residents.

Cancellation of Removal Granted

Cancellation of Removal

Our client, a native and citizen of Pakistan, was accused of fraudulent misrepresentation before an Immigration Judge in Miami. When he retained our firm, he had appealed his case to the Board of Immigration Appeals and to the 11th Circuit Federal Appeals Court and was denied at each level. Since his denial, he and his wife had another child. Our firm filed a motion to reopen his case with the Immigration Judge who forwarded the motion to the Board of Immigration Appeals. The Board of Immigration Appeals, examining the record as a whole, including our motion to reopen, decided to reopen the case on their own. Once back in the Miami immigration court, we filed an I-601 waiver and our client was granted adjustment of status with a waiver after a long individual hearing.

Adjustment of Status with Waiver Granted

Cancellation of Removal

Our client, a native and citizen of Pakistan, was accused of fraudulent misrepresentation before an Immigration Judge in Miami. When he retained our firm, he had appealed his case to the Board of Immigration Appeals and to the 11th Circuit Federal Appeals Court and was denied at each level. Since his denial, he and his wife had another child. Our firm filed a motion to reopen his case with the Immigration Judge who forwarded the motion to the Board of Immigration Appeals. The Board of Immigration Appeals, examining the record as a whole, including our motion to reopen, decided to reopen the case on their own. Once back in the Miami immigration court, we filed an I-601 waiver and our client was granted adjustment of status with a waiver after a long individual hearing.

Adjustment of Status with Waiver Granted

Cancellation of Removal

Our client, a native and citizen of the Bahamas was placed in removal proceedings before the Miami Immigration Court. She has been present in the United States for over ten years. She and her husband are the parents of twin daughters born prematurely weighing only 3 pounds each. As a result of their situation, the twins have the neurological, cardio, optical and digestive medical issues. After a lengthy individual hearing, the Miami Immigration Judge granted Cancellation of Removal and the Miami Office of Chief Counsel did not reserve appeal.

Cancellation of Removal Granted

Cancellation of Removal

Our client was in removal proceedings. She is a native and citizen of Jamaica. Her United States citizen daughter is extremely ill resulting in frequent hospital visits. Our client entered the United States over 20 years ago and has not left since. We presented our clase before the Immigration Judge in Miami, Florida and the Judge granted our application. Our client can now remain in the United States as a green card holder and care for her ailing child.

Cancellation of Removal Granted

Cancellation of Removal

Our client was in removal proceedings due to a cocaine possession conviction. Because his prior criminal defense attorney did not properly warn him about the consequences of his plea and the impact the plea would have on his immigration status, we were able to file Motion to Vacate in criminal court. We were successful in criminal court and we filed a Motion to Terminate removal proceedings.

Removal Proceedings Terminated

Cancellation of Removal

Our clients are citizens and nationals of Brazil. Husband and wife who came to the United States over ten years ago looking for the American Dream. They were not able to obtain legal status here. Their child has ADD and asthma. We applied for Cancellation of Removal (ten year law) for them. After a hearing before a Miami Immigration Judge, our clients were granted Cancellation of Removal.

Cancellation of Removal granted

Cancellation of Removal

Our client is a citizen and national of India who has been in the United States for over 20 years. He originally arrived legally on an H1B visa. While travelling back from Puerto Rico, he was stopped by CBP officers and placed in removal proceedings. The issue in the case was a statement he made to one of the officers that he was a United States citizen. A false claim to citizenship can prevent someone from being granted Cancellation of Removal. After testimony, the Immigration Judge found that the Government cannot sustain.

Cancellation of Removal Granted

Cancellation of Removal

We represented a Colombian National who was arrested and convicted of burglary of dwelling and theft. Our client travelled overseas and upon his return was placed in removal proceedings in the Miami Immigration Court. As part of our Deportation Defense, we applied for Cancellation of Removal for Green Card holders. After a hearing before an Immigration Judge, our client’s application for relief was granted.

cancellation of removal granted

Withholding of Removal

We represented an individual from El Salvador who was persecuted because he is gay. He had been attacked on numerous occasions because he was a homosexual. Asylum was unavailable for our client because he had waited longer than a year to apply. Instead, we filed for withholding of removal as a form of relief and an individual hearing was scheduled before an Immigration Judge. After direct testimony of our client, the Immigration Judge stopped the proceedings and told the government attorney that he was ready to grant the withholding of removal. The Department of Homeland Security attorney tried to argue against granting relief, but after our rebuttal the Judge agreed with us and allowed our client to remain in the United States. The government attorney never got to ask a single question of our client.

withholding of removal

Withholding of Removal

Our client, from El Salvador, applied for withholding of removal due to his sexual orientation as a gay male. He testified in Miami Immigration Court regarding the abuse he suffered in his home country amounting to past persecution. He also was able to demonstrate that he possessed a well-founded fear of future persecution in his native country on account of his sexual orientation. After two hours of testimony, much of which was emotionally charged, the Immigration Judge granted our client’s application for relief from removal and the government, office of chief counse, attorney waived appeal.

Withholding of Removal Granted

Withholding of Removal

Our client, a Jamaican national, was brought to the United States at the young age of 10 years old after her mother was killed in a violent crime due to political reasons. After the death of her mother, our client was sent to a boarding home in Jamaica, then to relatives she had never met in the United States. In both places, she suffered horrible abuses. For various reasons, she does not qualify for adjustment of status in the United States. Despite the hardship endured, our client graduated highschool and college and is now a Registered Nurse working in a busy trauma center of a local hospital. We applied for withholding of removal based on past persecution to her and her family. After a two hour hearing before a Miami Immigration Judge, the Judge granted the withholding of removal application and the Department of Homeland Security Trial Attorney waived appeal. This means that our client can remain in the United States with her family.

Withholding of Removal granted

Cancellation of Removal for Residents

Our client, a lawful permanent resident, returned from Ecuador after an absence of over one year. At the airport, he was taken into custody and faced deportation as the DHS claimed that he had abandoned his residency. After a two hour hearing at the Krome Detention Center in Miami, Florida, the Immigration Judge ruled that the DHS attorney had not met his burden of proof that our client had, in fact, abandoned his residency because we demonstrated that his intent was to return to the United States after attending to medical issues.

Case granted. Client released from custody

Cancellation of Removal

Our client, a lawful permanent resident, was facing deportation from the United States due to a conviction that occurred more than 15 years ago. He was detained at the Krome Detention Center because he was subject to mandatory detention. We submitted a motion for expedited hearing and within one week, our client was granted relief and remains a green card holder.

Case Granted. Client released from custody

Cancellation of Removal for Non-Residents

Our client is a native and citizen of Venezuela and also a citizen of Italy. He is present in the United States since 1997, is a professional chef, and cares for his elderly parents. He has never been arrested. He was in deportation proceedings for overstaying his H1B visa. He currently teaches at a prestigious culinary arts school.

After apply for cancellation of removal for non-residents, the Immigration Judge, taking account of the entire circumstances of the case, granted our request for relief. This client is now a lawful permanent resident.

Cancellation of Removal Granted

Board of Immigration Appeals

Our client was denied by the Immigration Judge on a cancellation of removal case. During testimony, her father testified that he fears for our client’s life because he was involved in drug cases in Colombia and the United States and that if his daughter is returned to Colombia she will be killed. During the hearing, the Immigration Judge refused to allow our client the opportunity to apply for political asylum based on her father’s testimony and he ordered her removed from the United States.

We appealed the case to the Board of Immigration Appeals and they agreed with our position and remanded the case back to the Immigration Judge to allow our client to apply for political asylum.

Case remanded back to Immigration Judge

Bond Granted

Our client was encountered by ICE while on a bus traveling to Miami. His mother petitioned for him in 2000. The petition is now current. Our client was detained at the Broward Transitional Center. We filed a motion for bond and had a hearing before Judge Rex J Ford. After the hearing, Judge Ford granted a 2500.00 bond. Our client will be released and return to his family.

Bond Granted, client released from custody

Cancellation of Removal

We represented a Peruvian national who was asking the Immigration Judge to grant a waiver so our client could stay in the United States. Although our client had made a mistake when he was younger, he had turned his life around and proved rehabilitation. Our submissions to the court and the government were so voluminous that the hearing lasted on 15 minutes and our client was granted the waiver.

Cancellation of Removal Granted

U Visa

Our client, a Honduran National, entered the United States in 1997. He was the victim of a brutal attack and was shot by his assailant in an attempted murder. As a result, he still suffers emotional and physical problems. He was apprehended for immigration violations and taken into custody at the Krome Service Processing Center. ICE filed deportation proceedings against him despite his being a victim of a crime. Our firm represented him and was able to obtain a U visa for him. The U visa is given by USCIS to victims of certain crimes here in the United States.

The applicant must show that he or she was a victim of a crime and that he or she is cooperating with police and prosecutors. Once we showed USCIS the entire case, they granted the U visa for our client. He was released from custody and is now living free and legal in the United States.

U Visa Granted

Cancellation of Removal

Our Client, a lawful permanent resident since 1991 was detained and placed in deportation proceedings based on a 2 felony convictions. We represented him in deportation proceedings and he was granted cancellation of removal and he was released. We then applied for naturalization and he was approved and will be sworn in later this month as a United States citizen.

Citizenship Granted

Withholding of Removal

Our client asked the United States for protection as he feared returning to Honduras on account of his sexual orientation. The Immigration Judge denied the application and ordered that our client be deported. We appealed to the Board of Immigration Appeals and they agreed with our position. The Board of Immigration Appeals remanded the case back to the Immigration Judge with instructions for the Judge to consider the withholding of removal claim under a pattern/practice theory.

The Judge considered the case under this theory and GRANTED the case. As a result, our client does not have to return to Honduras to face certain persecution.

Withholding of Removal Granted

Withholding of Removal

Our client is a Cuban National who was placed in removal proceedings due to a conviction for possession with intent to deliver a controlled substance (drugs). Because of this conviction, our client did not qualify for political asylum. Although he was issued a parole when he entered the United States in 1980, his parole was revoked in 1994. We obtained a new indefinate parole for him and represented him in removal proceedings. After filing an application for withholding of removal and a long hearing, the Immigration Judge granted his application. As a result, our client cannot be deported or removed to Cuba even if he is on the “secret list” of Cubans who can actually be physcially deported to Cuba.

Withholding of Removal Granted

Political Asylum

Our client is a Guatemalan National who was abused by her ex-husband in her native country. Her ex-husband continually made threats including threatening her with death. After applying for political asylum, we were given an interview at the Miami Asylum Unit.

The political asylum was granted for our client and her minor child.

Political Asylum Granted

Adjustment of Status in Immigration Court

Venezuelan National with an approved I-130 was required to adjust status in Immigration Court due to a previous marriage to a Cuban National that was not approved. After a lengthy hearing in Immigration Court, the Immigration Judge granted our client adjustment of status to LPR.

Adjustment of Status to LPR Granted by Immigrati

Cancellation of Removal

Our client is from Peru and a resident of New York City. He was placed in removal proceedings due to a single possession of cocaine charge. He was detained at the Willacy Detention Center in Harlingen, Texas. Although our client’s past consisted of a DUI and some minor offenses, the Immigration Judge granted Cancellation of Removal and now he retains his lawful permanent resident status.

Cancellation of Removal Granted

Cancellation of Removal for Non-Residents

Brazilian National here in the United States for over 10 years. She has a daughter who is disabled and needs constant medical care. We presented her case before an Immigration Judge in Miami, Florida. After presenting the case, the Immigration Judge granted her application and she is now a lawful permanent resident of the United States.

cancellation of removal granted

Cancellation of Removal

Client is a lawful permanent resident since 1989. He was arrested for Grand Theft, Possession of Cocaine twice, and DUI three times. He was picked up by ICE at his place of employment and confined to the Krome Service Processing Center. On his behalf, we applied for Cancellation of Removal. After a lengthy trial, the Immigration Judge granted our application and the U.S. Department of Homeland Security Trial Attorney did not reserve appeal. Consequently, our client will retain his status and will be released from custody.

Cancellation of Removal Granted

Joint Motion to Reopen for Adjustment of Status

Nicaraguan national who was ordered deported in 1995 and now married to a United States citizen. Our client was arrested by ICE. We were able to reopen his case with concurrence from the Office of Chief Counsel and he was subsequently awarded an immigration bond. He appeared before the Immigration Judge in Miami and, after a hearing, was granted lawful permanent residency pursuant to Section 245(i) of the Immigration and Nationality Act.

Joint Motion to Reopen granted by the BIA

U Visa Petition and Termination of Removal Proceeding

Our client was detained at Krome Detention Center and facing deportation. He was also the victim of a violent crime during which he received gunshot wounds. We filed for a “U” Visa which is set aside for victims in the United States of violent crimes committed against them by United States citizens or Lawful Permanent Residents. We received notice from USCIS that the “U” Visa was accepted for processing and, as a result, the Office of Chief Counsel, Department of Homeland Security agreed to terminate removal proceedings.

Removal proceedings terminated

Cuban Adjustment with Fraud Waiver

Cuban national previously applied for lawful permanent residency under the Cuban Adjustment Act. Because she entered the United States from Cuba with a fraudulent visa she was denied her residency even though she applied for a waiver. We re-applied for her residency with a waiver for the fraudulent entry. After an interview with an officer of USCIS, our the waiver was granted and our client was given lawful permanent resident status. Her passport was stamped on the spot.

Waiver granted

212(h) Waiver – 1601

Cuban national who has been a lawful permanent resident since 1996 was placed in removal proceedings due to three criminal convictions in 1997, 1998, and 2000. We applied for a stand-alone waiver under Section 212(h) of the Immigration and Nationality Act. After a full merits hearing before an Immigration Judge, the waiver was granted with no appeal from the Department of Homeland Security.

Waiver granted, green card retained

CU-7 – Cuban Adjustment Act

Colombian woman who was ordered deported in 2007 and subsequently married a Cuban lawful permanent resident. We filed a motion to reopen and remand to the Board of Immigration Appeals based on the marriage. The BIA granted the motion and a hearing was held before the Immigration Judge in Miami, Florida. Our client and her husband were questioned extensively and all parties agreed they were in a valid marriage. Adjustment of status to lawful permanent resident was granted to our client as a CU-7, spouse of a CU-6.

CU-7 Adjustment of Status Granted

Cancellation of Removal

Client who has been a lawful permanent resident since 1989, with three convictions dating back to 1991 – 2006. He was placed in removal proceedings and we applied for Cancellation of Removal for Permanent Residents. After a hearing on the application for relief, the Immigration Judge granted the case and the client can remain in the United States as a lawful permanent resident.

cancellation of removal granted

Cancellation of Removal

24 year old who entered the United States with his mother and sister when he was 13 years old. He had applied for adjustment of status to lawful permanent resident but was denied. His mother, a lawful permanent resident, is terminally ill and is currently receiving hospital treatment. The client was placed in removal proceedings and we submitted an application for cancellation of removal for non-permanent residents based on extreme and exceptionally unusual hardship to his mother if he were to be deported from the United States. After a full hearing before an Immigration Judge, an Order was entered granting permanent residency to our client. He will now be able to remain in the United States to help care for his ailing mother. The trial attorney from the Office of Chief Counsel did not reserve appeal so this is a final order.

Cancellation of Removal Granted

Immigration Bond Hearing

Nicaraguan National who is a wife of a United States Citizen with a pending I-130 and I-485 with USCIS. She was being detained at Glades County Correctional due to a conviction for theft. Despite the conviction, we achieved an immigration bond before the Immigration Judge at the Krome Processing Service Center, also know as Krome Detention Center.

immigration bond granted

Deportation Defense

Client was convicted by plea in July 2005 of Purchase of a Controlled Substance. In 2009, she was detained for deportation by United States Immigration and Customs Enforcement. Her deportation from the United States was almost certain due to conviction for an Aggravated Felony. After careful examination of her conviction records revealed a defect, a Motion to Vacate the criminal conviction was filed. The Motion to Vacate was granted and the deportation was avoided. She will be able to remain a lawful resident and will most likely attain United States citizenship in the future.

Deportation Avoided; Lawful status retained

Joint Motion to Reopen

Filed Joint Motion to Reopen on behalf of a Guatemalan National who had been previously ordered removed from the United States by an Immigration Judge in Miami Immigration Court in 1996. The client married a United States citizen. Our Miami Immigration Lawyers filed a Joint Moition to Reopen based on this marriage with the United States Immigration and Customs Enforcement Prosecutors, who agreed to join our motion. The Joint Motion was filed with the Board of Immigration Appeals and granted by them.

Motion to reopen granted

Political Asylum

Client in removal proceedings requesting political asylum from Guatemala. Client was denied political asylum in Canada and denied before the Asylum Office in Miami. We represented the client before the Immigration Court in Miami and successfully defended his case and he was granted political asylum. As a result, he does not have to return to Guatemala.

Political Asylum Granted

Adjustment of Status with Waiver of Inadmissibility

Our client, a Guyanese national who last entered U.S. in 1993 on a C1 crew member visa was convicted in 2000 in Broward Co. of Felony Battery (originally charged as aggravated child abuse.) The alleged victim in this case was his two month old daughter. Our client says he was coerced into giving a confession about shaking her when she wouldn’t stop crying so he pled guilty.

All the children were removed from their home by DCF and placed with sister in Virginia. Client and wife only had visitation rights for two years. While children (and child with injury) were in her care, sister took victim child to specialized children’s hospital in D.C. where it was determined that child was born with selective mutism and triple x chromosome which can be the cause of learning disabilities which child has now.

Our client was able to file for adjustment with 212(h) waiver for his CIMT due to an I-130 Petition that made him 245(i) eligible. His qualifying relatives were his USC wife of 17 years and his 3 USC children.

We successfully argued that the child’s learning disabilities and other issues were the result of a genetic disorder and not an alleged shaken baby episode. Our client still needed the waiver of inadmissibility because he plead guilty to the felony battery even though he knew he was innocent.

After a lengthy removal hearing, the Miami Immigration Judge granted adjustment of status with a waiver.

Adjustment of Status with Waiver Granted

Citizenship as Defense to Deportation

Our client, a Canadian National, entered the United States in 1997 as a Lawful Permanent Resident (Green Card). Unfortunately, she was arrested and convicted in 1998 of possession of cocaine. It was not until 2010, when she traveled outside the United States and returned, that she was flagged as an immigration violator for having been convicted of a drug crime. Due to the timing of the conviction, there was no defense to deportation other than proving that she was eligible for United States citizenship and demonstrating that there are hardship and compelling factors in her case to close her deportation proceedings to let her apply for citizenship.

The Miami Immigration Judge denied our initial request to allow her to apply for citizenship. We appealed this decision to the Board of Immigration Appeals and they decided in our client’s favor. Once sent back to the Miami Immigration Judge, he reversed his own decision and found that there were compelling circumstances to warrant closing her deportation proceedings and allowing her to apply for citizenship.

Today, May 15, 2015, our client took the Oath of Citizenship and received her Naturalization Certificate.

Citizenship Granted

Adjustment of Status

Our client, a Jamaican National, was arrested four times in the past for domestic violence and possession with intent to deliver a large amount of marijuana. Ultimately, each case was dismissed but our client was denied a green card by USCIS both on discretion and on “Reason to Believe” he is a drug trafficker. “Reason to Believe” is a legal term and this allows USCIS to deny a green card based on a reasonable belief that the person is a drug trafficker even without a conviction.

At a removal proceedings hearing before a Miami Immigration Judge, our client and his wife testified. Although it was a close call for the Immigration Judge, he ultimately decided in our client’s favor. We showed that he was a person of good moral character and his wife testified to how important he is to the family.

Green Card Approved

Withholding of Removal for Egyptian National

Our client is an Egyptian National. Unfortunately, he experiences mental health issues. A Mental Competency hearing was held before a Miami Immigration Judge. After several hearings, and discussions with the Office of Chief Counsel in Miami, all parties agreed that our client should be granted Withholding of Removal which is an Order from the Immigration Judge that will prevent ICE from deporting our client to Egypt. Our client will be able to remain in the United States legally and continue to receive treatment for his mental health issues.

Withholding of Removal Granted

Queens Immigration Attorney

Queens Immigration AttorneyA Queens Immigration Attorney for a visa may help you or your significant other throughout the whole application process to be less painstaking. The services of immigration lawyers are valuable in this regard. Immigration lawyers offer professional legal help and are experienced with K1s and K3s along with other visa cases. They’ve dealt with various applicants, comprehended distinguishing features of their situation and solved many unforeseen problems. They’ve got the wheels turning for lots of candidates eager to head to the US for a better life.

Put simply; a Queens Immigration Attorney knows exactly what to expect at every stage. Applicants often find themselves frustrated, due to unforeseen delays or confounding processes. The complicated appointment procedure at the Embassy or Consulate is the most challenging part. A Queens Immigration Attorney will start their participation by preparing your USCIS request. Their support carries on when the processing reaches the Embassy or Consulate. Your other half needs efficiently to clear the Embassy or Consular stage interview. The lawyers will prepare you for the interview. Their assistance carries on from the USCIS to the Embassy. Queens immigration lawyers for K1 visa assist in completing all required forms and help in gathering the numerous records your fiance needs for the Embassy interview. Immigration lawyers are well versed in all the applicable laws plus they keep abreast with whatever modifications happen in the K1 process. Their services are valuable because they take the full obligation of making sure you receive acceptance for the request as early as possible. This kind of assistance might make all the difference.

An H-1B temporary employee is a foreign national who’s coming briefly to the U.S. To perform a specialty occupation. A bachelor’s or greater in the particular specialty as the absolute minimum for entry into the profession in the US. Accountants, designers, academics, university professors, specific types of nurses, attorneys, doctors, and technicians will all qualify as H-1B employees. The only way to make a determination whether a certain worker will be eligible is thru advice from a seasoned Queens Immigration Attorney.

The H-1B visa remains one among most flexible nonimmigrant work visas used by U.S. Businesses to employ foreign workers. Here’s a list of issues to bear in mind when filing an H-1B petition. The maximum period that a person can hold H-1B status is six years. An employer might request employment for up to three years and after that might request an extension for another three years. Exceptions do exist to permit an H-1B extension beyond the first six years.

A foreign employee is qualified to the same benefits as other equal U.S. workers. The work of the foreign employee shall not adversely affect the working conditions of other workers. The LCA should be made available to get Department of Labor and to get a public examination. Spouses and kids of an H-1B are eligible to H-4 visas. H-4 holders cannot work in the U.S. However they are eligible for attending school either part-time or full-time. Feel free top check out the New York Division of Immigrant Policies and Affairs for more information.

Choose Pozo Goldstein, LLP for a Queens Immigration Attorney who is Experienced to Help!

Call Today for a Free in Office Consultation 646-350-2202!

Adjustment of Status

We were hired by a Canadian woman who married her United States citizen husband in 2008. At the time, he petitioned for her by filing an I-130 and I-485 simultaneously. Unfortunately the couple was not represented by an attorney. At their first interview, they did not have the required documents in order for the applications to be adjudicated favorably. Both the I-130 and I-485 were denied by USCIS. Once they retained our firm, we immediately began to gather the requisite documents, which included a death certificate from the petitioner’s late wife and her original birth certificate. The couple did not have any photographs taken together with the exception of 3 snapshots taken the day of their wedding. The wife owned her own home but did not wish to add her husband’s name to the deed. The couple did not share a bank account, as the husband did not use the service of a bank. The couple did not have any joint utility bills or insurance.

An additional problem with her case stemmed from her last entry into the United States when she entered as a visitor in 2010, but had been married and living in the United States since 2008. We attended the interview on the new applications at the West Palm Beach Field Office with the couple The officer at this interview questioned them about their lack of conventional documentation. It took lengthy explanation and persuasive argument for the officer to understand the couple’s relationship.

I-130 and I-485 Applications Simultaneously Granted

Petition to Remove Conditions of Conditional Residence Status

We were hired by a woman from Korea who initially received her conditional residence by virtue of marriage to her former husband, a United States citizen. The couple met when she began working for him as a research assistant, he a professor at her university. When she graduated and applied for medical school, she had to relocate to another part of Florida, as she wasn’t able to continue at the school where her husband taught. Due to the distance, the couple drifted apart and eventually filed for divorce, prior to the I-751 being adjudicated. We were hired to represent after she filed the I-751 but had never received a decision. She had been waiting close to six years! The problem with her case is that she had very little proof that they were married and in a committed relationship. She did not appear on his mortgage, they did not share any medical insurance or any utility bills. They had very little co-mingling of funds and very scant photographic evidence, not even one photo of their wedding. During the pendency of her application, she graduated from medical school and accepted a position in Chicago. We attended several infopass appointments on her behalf to request that the application be adjudicated. Even though she moved, she did not want to change her address with USCIS to keep the case from being delayed even further. We appeared with her at her interview in South Florida, only to be told that the case had been transferred to Chicago, as USCIS had evidence that she no longer resided in Florida. We immediately contacted the Chicago Field Office and requested that they schedule her for an appointment as soon as possible, as she had been waiting for six years for a resolution. Soon after our inquiry, we received a response from USCIS, where they promised a quick resolution. Less than two months after our inquiry she was scheduled for an interview at the Chicago Field Office.

Application Adjudicated by USCIS

Adjustment of Status

We were retained after a married man, from Haiti, had his petition for lawful permanent residence denied by USCIS. His wife, a United States citizen had filed the petition without the help of an attorney the first time. We attended the second interview with the couple but the officer still had some doubts about the marriage and asked for further evidence. Once we submitted the required evidence we waited several months, and attended several infopass appointments. We eventually received a new date for a third interview. We prepared for the interview by continuing to gather an abundance of documents and photos to prove the bona fides of the marriage. We attended the interview at the Oakland Park, USCIS field office and met with an officer to review their marriage case for the third time.

I-130 and I-485 Approved

Adjustment of Status

A young lady, in her early twenties, originally from Venezuela, who also has Spanish citizenship was petitioned for by her husband, an officer in the United States Air Force. The young woman came to the United States when she was approximately six years old and had overstayed her visitor’s visa. She had been out of status for more than fifteen years. Even though she and her husband are quite young, they decided to marry and he petitioned for her in December of 2012. Because he is in the United States military, she had to leave her family in South Florida to join him in South Carolina. The case took only two months for USCIS to schedule and we traveled to Charleston, South Carolina for the interview. The couple had very little bona fides, since their wedding was only a few months young. The officer questioned them each about how they met and some details about their married life together.

Adjustment of Status Granted Right Interview

Cuban Adjustment Act

Our client, a Cuban national, had a conviction for a crime involving moral turpitude dating back 14 years. We applied for Cuban adjustment but pushed back the interview date until 15 years had passed from the time of his conviction. With the conviction 15 years in the past, our client qualified for a waiver that did not require establishment of extreme hardship. Our client’s adjustment of status was approved and the waiver granted.

Status Approved with I-601 Waiver Granted

VAWA (Violence Against Women Act)

Our Client is a Chinese citizen who was the subject of abuse by her USC ex-husband. Although she had an approved I-130 she was previously denied adjustment to LPR as her application was deemed abandoned when she was unable to produce the additional information in support of same.

She was later placed in removal proceedings. We were able to terminate removal proceedings against her by providing proof of the likely success of her VAWA application.

We filed an I-360 for her and it was indeed granted. We also filed for her adjustment of status to that of legal permanent resident. We were successful in obtaining legal permanent residence.

VAWA Adjustment of Status Approved

Citizenship – Hialeah Immigration Office

Our client was convicted for Drug Trafficking in Federal Court in October 1990 and sentenced in January 1991. Our firm represented him in the Miami Immigration Court on a waiver which was granted. He filed for citizenship and was denied because USCIS claimed that he was convicted in January 1991 and that federal law precluded him from qualifying for citizenship. We appealed the denial. At the re-hearing, we were able to prove that his conviction was not on the same day as his sentencing and that Federal law did NOT preclude him from attaining U.S. citizenship because his actual conviction date was before November 29, 1990, the cut-off date.

Citizenship Granted

Citizenship – Hialeah Immigration Office

Our client, a disabled Nicaraguan National was denied U.S. citizenship due to an arrest record that included arrests and convictions that were not him but appeared on a national database for arrests. The client retained our firm after his denial and we filed an appeal in his case. We had the client take his fingerprints and sent them to the FBI for processing. At his re-hearing on naturalization, we were able to prove that the arrests and convictions were for a different person.

Citizenship Granted

Political Asylum Based on Sexual Orientation

Our client, a Venezuelan national, applied for asylum with the Miami Asylum Unit of the United States Immigration and Citizenship Services after several years of being in the United States. As a gay person, his claim was that he would be persecuted on account of his sexual orientation in Venezuela. Individuals who apply for asylum more than one year after their arrival to the United States do not qualify. Our client was recently diagnosed as HIV positive and we were able to prove a change in circumstances that allowed him to qualify for the exception to the one-year bar. He was granted asylum and in one year he will be applying for adjustment of status as an asylee.

Political Asylum Granted

Citizenship

Several years ago, a gentleman from Spain came for a free consultation to our Miami office to discuss the denial of his naturalization application. At that time we were unable to help him. He had been untruthful at his citizenship interview and was denied due to lack of Good Moral Character. We explained that he would have to wait five years from the date of his interview before he would be able to file again.

What happened was, he had obtained his residency through marriage to a United States citizen and three years following the issuance of his “green-card” had applied for naturalization. When he went to the interview at the Oakland Park Field Office, he told the officer that he still lived with his wife. Unfortunately, he did not know that USCIS had already found out that he was in fact divorced from his wife and certainly no longer living with her. He was issued a lengthy decision denying his petition based on lack of Good Moral Character.

Luckily the gentleman returned to us five years later and retained us to represent him on his renewed quest for United States citizenship. We were able to submit a reasonable explanation of why he did not know that he was divorced at the time of his previous interview. We obtained and submitted a copy of the ex-wife’s petition for divorce, which was served by publication, meaning, she did not know where he was at the time. This did not explain why he misrepresented to the officer that he was living with her and would require further explanation.

At his interview, which was once again conducted at the Oakland Park Field Office, we presented his case and provided original stamped copies of his previous divorce and proof that his marriage was entered into good faith. He explained, with remorse, why he misrepresented the fact that they were not living together and the officer listened carefully.

Case Granted. Application Approved

Citizenship

Our client applied for United States citizenship. He was involved in an incident as a young man in the 1980’s that resulted in a conviction for armed robbery. Because the case was so old it was difficult to obtain the records but they were eventually located. Despite this conviction, we were able to convince the United States Citizenship and Immigration Services to grant our client citizenship after we filed a Writ of Mandamus in Federal Court.

United States Citizenship Granted

Adjustment of Status

The attorneys in Pozo Goldstein, LLP’s Atlanta office successfully assisted a client in obtaining a green card while his United States Citizen wife was detained serving a criminal sentence. The client came to us for help after receiving a denial on his first filing because his wife could not be present at the interview. We were able to provide USCIS with evidence of the bonafide nature of the relationship without the presence of the petitioner, which allowed favorable adjudication of the application!

Green Card Granted

Adjustment of Status – Same-Sex Marriage

Same-sex marriage case. Our client, a Colombian National, married his United States citizen spouse and we applied for immigration benefits in the form of a Green Card. After a full interview at USCIS, the case was granted and our client will have his Green Card and permanent resident status.

Green Card granted

Adjustment of Status

We were retained by an Israeli national for an application for U.S. citizenship. Complicating the application was an allegation of abuse of a minor in his native country over 10 years ago. After proving to the USCIS that our client did not have a conviction for a crime involving moral turpitude, USCIS granted citizenship and our client was sworn-in on November 15, 2013.

United States Citizenship Granted

Adjustment of Status

We were hired to represent a couple on their petition for removal of their conditional status, after they were issued a Request for Evidence (RFE) following their initial petition to remove the condition. The husband, the United States citizen, petitioned for his wife, a woman from the Philippines, after meeting her on an overseas Asian dating website and corresponding with her for several months on line. We initially represented them on their application for conditional residence, which was approved almost three years earlier. We responded to the RFE by filing a plethora of documentation surrounding their marriage, including updated photos and affidavits from friends and family members.

At the interview, the Officer asked detailed questions regarding how the couple met and formed a relationship through the dating site. They were also questioned regarding a discrepancy in their addresses. The couple lived at a leased and shared apartment home, but used the husband’s family address to receive all of their mail. The Officer was concerned about this issued, but the reasons were explained and any concerns were cleared up at the interview, including questions regarding a difference in their age and religions.

Lawful Permanent Residence Granted

Adjustment of Status

A woman from Morocco, who overstayed her visa, married a naturalized United States citizen, originally from the Philippines. He husband petitioned for her and they attended their first interview with USCIS in Orlando, unrepresented. We were hired, after the first interview, when the couple did not feel it went well and were concerned that the decision might not be a favorable one. Some of the concerns at the outset were a rather large age difference between the couple, as well as significant cultural and religious differences. We immediately made and attended an infopass appointment and asked the supervisor for information regarding USCIS’s thoughts on the couple’s case. After several weeks, we were able to obtain a second interview for the couple that we attended with them, armed with new and significant documentation regarding their marriage.

Prior to the interview, we gathered additional bona fides of their relationship, and prepared an extensive notice of filing that included details such as proof of payment for furniture that the couple had purchased when they were first married and photos documenting their relationship from its inception, up until the second interview.

Conditional Permanent Residence Granted

Adjustment of Status

We were hired to represent a woman from the Philippines who was married to a United States citizen but had separated before they reached the two year point in order to file the I-751 and remove the conditions of her residence. Unfortunately, her husband had become abusive and had actually taken most of her corroborating documentation regarding the marriage. She had filed police reports in the past, based on his abuse and had copies of these pertinent documents. including a current stay-away order. At the interview, the USCIS Officer asked questions about the relationship and our client revealed that even though she had a restraining order against her husband, she was currently seeing a counselor and hoping that they would reconcile in the future.

Lawful Permanent Residence Granted

Adjustment of Status

We were hired by a gentleman from who resided in Broward County, Florida. He had applied for naturalization previously but had never received a final resolution due to an FBI hit that showed he had an arrest in New York in the 90s. My client was certain he was never arrested in New York and didn’t know where to turn.

We began his representation by filing an inquiry pursuant to the Freedom of Information Act (FOIA) as well as run an FBI background check under his name. We discovered that his previous application for citizenship was denied since he did not provide the documents from the alleged New York arrest. Because we have an office in Manhattan, we were able to immediately petition the local court in New York for any documents regarding our client’s alleged arrest. We were able to obtain a certified document from New York that cleared our client from any alleged arrests and stating that his background was clear. We filed for his naturalization again and brought this certified document to the interview.

Passed Citizenship Exam. Received US Citizenship

Battered Spouse Self Petition

A woman from Jamaica entered the United States and settled in Broward County, Florida, overstaying her visitor’s visa. She entered into what she thought was a happy marriage with a seemingly, loving, United States citizen husband. They spoke about her becoming a lawful permanent resident through her marriage to him and that he would also petition for her two children who remained behind in Jamaica. Unfortunately, her husband became abusive and even though she became pregnant with his child, he began to abuse her physically and threaten her with deportation if and when she did not yield to his every wish. Luckily for her, she met with one of our partners who explained that she could petition through the Violence Against Women Act (VAWA). Once she was safely out of the abuser’s home and into a safe haven, she was able to have her two young daughters from Jamaica join her in the United States, by entering on tourist visas. Our office filed an I-360 petition on her behalf and submitted ample documentation on her marriage to the United States citizen and also provided evidence of the abuse she suffered at his hands. We supplemented this filing once their child was born with proof that the child was fathered by the abuser.

Applicant Eligible to Adjust Status

Removal of Conditions – I-751 With Waiver

Our client, a Chinese National, was married for less than two years to a United States citizen. Prior to her marriage, she was arrested for Prostitution. The case was dismissed. Although the client was granted conditional residence, her marriage to not last and she was required to apply to remove the conditions with a waiver of the joint filing requirement. We prepared the application and went to the interview at USCIS in Miami with our client.

I-751 Granted with Waiver of Joint Filing

Deferred Action for Early Childhood Arrivals

Our client, a citizen and national of Venezuela, entered the United States as a visitor for pleasure in 2001. He is a graduate of high school and is currently attending college. We applied for DACA and he was approved for deferred action.

DACA Approved

Immigration Lawyer Miami – U.S. Citizenship

Colombian national with an Aggravated Battery arrest and a pending I-751 to remove the conditions of his residency. Applied for citizenship while the I-751 was still pending. Citizenship granted.

Citizenship Granted

Miami Immigration Lawyer – United States Citizenship Case

Phillippines National was a lawful permanent resident since 1993. Applied for United States Citizenship and was granted an interview at the Miami Field Office of the United States Citizenship and Immigration Services.

United States Citizenship Granted

Adjustment of Status

We were hired by a Canadian woman who married her United States citizen husband in 2008. At the time, he petitioned for her by filing an I-130 and I-485 simultaneously. Unfortunately the couple was not represented by an attorney. At their first interview, they did not have the required documents in order for the applications to be adjudicated favorably. Both the I-130 and I-485 were denied by USCIS. Once they retained our firm, we immediately began to gather the requisite documents, which included a death certificate from the petitioner’s late wife and her original birth certificate. The couple did not have any photographs taken together with the exception of 3 snapshots taken the day of their wedding. The wife owned her own home but did not wish to add her husband’s name to the deed. The couple did not share a bank account, as the husband did not use the service of a bank. The couple did not have any joint utility bills or insurance.

An additional problem with her case stemmed from her last entry into the United States when she entered as a visitor in 2010, but had been married and living in the United States since 2008. We attended the interview on the new applications at the West Palm Beach Field Office with the couple The officer at this interview questioned them about their lack of conventional documentation. It took lengthy explanation and persuasive argument for the officer to understand the couple’s relationship.

I-130 and I-485 Approved

Petition to Remove Conditions of Conditional Residence Status

We were hired by a woman from Korea who initially received her conditional residence by virtue of marriage to her former husband, a United States citizen. The couple met when she began working for him as a research assistant, he a professor at her university. When she graduated and applied for medical school, she had to relocate to another part of Florida, as she wasn’t able to continue at the school where her husband taught. Due to the distance, the couple drifted apart and eventually filed for divorce, prior to the I-751 being adjudicated. We were hired to represent after she filed the I-751 but had never received a decision. She had been waiting close to six years! The problem with her case is that she had very little proof that they were married and in a committed relationship. She did not appear on his mortgage, they did not share any medical insurance or any utility bills. They had very little co-mingling of funds and very scant photographic evidence, not even one photo of their wedding. During the pendency of her application, she graduated from medical school and accepted a position in Chicago. We attended several infopass appointments on her behalf to request that the application be adjudicated. Even though she moved, she did not want to change her address with USCIS to keep the case from being delayed even further. We appeared with her at her interview in South Florida, only to be told that the case had been transferred to Chicago, as USCIS had evidence that she no longer resided in Florida. We immediately contacted the Chicago Field Office and requested that they schedule her for an appointment as soon as possible, as she had been waiting for six years for a resolution. Soon after our inquiry, we received a response from USCIS, where they promised a quick resolution. Less than two months after our inquiry she was scheduled for an interview at the Chicago Field Office.

Application Adjudicated by USCIS

Adjustment of Status

We were retained after a married man, from Haiti, had his petition for lawful permanent residence denied by USCIS. His wife, a United States citizen had filed the petition without the help of an attorney the first time. We attended the second interview with the couple but the officer still had some doubts about the marriage and asked for further evidence. Once we submitted the required evidence we waited several months, and attended several infopass appointments. We eventually received a new date for a third interview. We prepared for the interview by continuing to gather an abundance of documents and photos to prove the bona fides of the marriage. We attended the interview at the Oakland Park, USCIS field office and met with an officer to review their marriage case for the third time.

I-130 and I-485 approved

Adjustment of Status

A young lady, in her early twenties, originally from Venezuela, who also has Spanish citizenship was petitioned for by her husband, an officer in the United States Air Force. The young woman came to the United States when she was approximately six years old and had overstayed her visitor’s visa. She had been out of status for more than fifteen years. Even though she and her husband are quite young, they decided to marry and he petitioned for her in December of 2012. Because he is in the United States military, she had to leave her family in South Florida to join him in South Carolina. The case took only two months for USCIS to schedule and we traveled to Charleston, South Carolina for the interview. The couple had very little bona fides, since their wedding was only a few months young. The officer questioned them each about how they met and some details about their married life together.

Adjustment of Status Granted

Cuban Adjustment Act

Our client, a Cuban national, had a conviction for a crime involving moral turpitude dating back 14 years. We applied for Cuban adjustment but pushed back the interview date until 15 years had passed from the time of his conviction. With the conviction 15 years in the past, our client qualified for a waiver that did not require establishment of extreme hardship. Our client’s adjustment of status was approved and the waiver granted.

Status Approved with I-601 waiver granted

VAWA (Violence Against Women Act)

Our Client is a Chinese citizen who was the subject of abuse by her USC ex-husband. Although she had an approved I-130 she was previously denied adjustment to LPR as her application was deemed abandoned when she was unable to produce the additional information in support of same.

She was later placed in removal proceedings. We were able to terminate removal proceedings against her by providing proof of the likely success of her VAWA application.

We filed an I-360 for her and it was indeed granted. We also filed for her adjustment of status to that of legal permanent resident. We were successful in obtaining legal permanent residence.

VAWA Adjustment of Status Approved

Citizenship – Hialeah Immigration Office

Our client was convicted for Drug Trafficking in Federal Court in October 1990 and sentenced in January 1991. Our firm represented him in the Miami Immigration Court on a waiver which was granted. He filed for citizenship and was denied because USCIS claimed that he was convicted in January 1991 and that federal law precluded him from qualifying for citizenship. We appealed the denial. At the re-hearing, we were able to prove that his conviction was not on the same day as his sentencing and that Federal law did NOT preclude him from attaining U.S. citizenship because his actual conviction date was before November 29, 1990, the cut-off date.

Citizenship Granted

Citizenship – Hialeah Immigration Office

Our client, a disabled Nicaraguan National was denied U.S. citizenship due to an arrest record that included arrests and convictions that were not him but appeared on a national database for arrests. The client retained our firm after his denial and we filed an appeal in his case. We had the client take his fingerprints and sent them to the FBI for processing. At his re-hearing on naturalization, we were able to prove that the arrests and convictions were for a different person.

Citizenship Granted

Political Asylum Based on Sexual Orientation

Our client, a Venezuelan national, applied for asylum with the Miami Asylum Unit of the United States Immigration and Citizenship Services after several years of being in the United States. As a gay person, his claim was that he would be persecuted on account of his sexual orientation in Venezuela. Individuals who apply for asylum more than one year after their arrival to the United States do not qualify. Our client was recently diagnosed as HIV positive and we were able to prove a change in circumstances that allowed him to qualify for the exception to the one-year bar. He was granted asylum and in one year he will be applying for adjustment of status as an asylee.

Political Asylum Granted

Joint Motion to Reopen – Miami Immigration Lawyers

Native from Peru married to a United States citizen for 7 years with 3 United States citizen children was ordered deported to Peru after her Political Asylum case was denied by an Immigration Judge. We represented her on a Joint Motion to Reopen which was approved by the Office of Chief Counsel in Miami, Florida. Her deportation case was reopened, and she applied for her green card. After an interview at the USCIS office in Oakland Park, Florida, she was granted her green card.

Joint Motion to Reopen Granted

Miami Immigration Attorneys – Joint Motion to Reopen

Joint Motion to Reopen Removal Proceedings agreed to by Immigration and Customs Enforcement for Colombian nationals that entered with their kids in 2001 with tourist visas. They were subjects of an Order of Deportation. Their United States citizen daughter petitioned for them and it was approved. Now that their case is reopened, they will be able to become lawful permanent residents of the U.S.

Motion to Reopen Agreed to by ICE

Immigration Lawyer – Motion to Reopen

Cuban lawful resident since May 25, 1984. Detained due to 1994 conviction for the offense of possession of cocaine and grand theft. Ordered deported and was here on an Order of Supervision (OSUP). Another attorney filed a motion to reopen which was denied. We filed a motion directly with the Immigration Judge to file for a waiver of deportation and the Immigration Judge granted our motion.

Case Reopened

Miami Immigration Attorney – Joint Motion to Reopen

Filed a Joint Motion to Reopen with the Miami Immigration and Customs Enforcement, Office of Chief Counsel for a Guatemalan National, married to a United States citizen with two children, with a previous order of deportation. The individual is the beneficiary of an approved I-130 visa petition filed in 2001. Once the Joint Motion to Reopen was agreed to by ICE Counsel, the motion was filed with the Board of Immigration Appeals and it was quickly granted. He was released from ICE custody and will be seeking adjustment of status in the Miami Immigration Court.

Joint Motion to Reopen Granted

Motion to Reopen and Vacate In-absentia Order

Our client, a native and citizen of Haiti, failed to appear on the date and time of his removal proceedings in the Miami Immigration Court. As a result, the Miami Immigration Judge ordered that he be removed (deported) in-absentia. We filed a Motion to Reopen directly with the Immigration Judge showing that our client did not receive proper notice of the date and time of his removal proceedings hearing. The Immigration Judge allowed the Department of Homeland Security, Office of Chief Counsel, 30 days to respond. After no response was received within the 30 days, the Immigration Judge vacated the removal order and scheduled a new hearing for our client.

Motion to Reopen and Vacate Order Granted

Motion to Reopen To Adjust Status

Our client, a native and citizen of Colombia, was ordered removed along with her family after an Immigration Judge denied their claims for political asylum. Her daughter married a United States citizen and we filed a Joint Motion to Reopen request which was agreed to by the Department of Homeland Security (DHS). As for our client, her Joint Motion to Reopen request was declined by DHS because they questioned her previous testimony in removal proceedings where the Immigration Judge found that her testimony was not credible. Feeling that she was not truthful in her testimony, the DHS declined to join in our motion. We ordered the transcript of the hearing and asked our client to explain in writing each portion of her testimony that the Immigration Judge found not credible. We re-submitted the Joint Motion to Reopen to DHS with the full explanation from our client and DHS agreed to join our request to reopen our client’s case.

Joint Motion Reopen Granted

Motions to Reopen in Absentia Orders

Our clients are husband and wife, both citizens of the Phillipines. The wife was arrested for providing false information on a passport application and detained in federal custody until she was eventually transferred to immigration custody. She is the subject of an Order of Deportation in absentia dating back to the 1980’s. The husband was subsequently arrested by ICE and placed in the same immigration detention facility, leaving their U.S. citizen daughter who is only 18 years old home alone. We filed motions to reopen for both cases and the Immigration Judge in Los Angeles agreed with our argument and reopened both cases. Clients were released from custody.

Motions to Reopen Granted

Joint Motion to Reopen

Our client is a native and citizen of Pakistan who applied for his green card through marriage to his United States citizen wife who is a native and citizen of India. Their case was heard at the Miami Immigration Court by an Immigration Judge. They were both very nervous. They were represented by an attorney. Unfortunately, they were caught in a lie by the Immigration Judge and she held it against them and denied the case. Being dishonest in removal proceedings is one of the worst things to do and will most certainly result in a case being denied. When our firm was retained, we decided the best thing to do was to file a Motion to Reopen with the Immigration Judge. We did so, fully explaining the reasons for the misrepresentation and we further explained that since the hearing, the couple had another child. The Immigration Judge expressed her desire to reopen the case after our arguments but could not because the case had been last decided byt the appeals court. The Judge certified the case to the Board of Immigration Appeals and they reopened the case after reviewing the entire scenario and circumstances and sent the case back to the Immigration Judge. We represented our clients in the new hearing, filed an I-601 waiver, and after a full hearing, our client was granted his green card.

Case Reopened, New Hearing, Adjustment of Status

Joint Motion to Reopen

Our client arrived to the U.S. in 1992. She and her United States citizen husband have been married over eight years and they have two United States citizen children. They are excellent parents who have set up a Florida Prepaid College Plan for each of their children and support them scholastically. She has substantial shared commodities and family and community ties. She has also invested in the economy and complied with the federal laws by filing income tax returns. She had an Order of Deportation. We submitted a request for the Government to join our Motion to Reopen.

Joint Motion to Reopen Approved

Joint Motion to Reopen

Our client arrived to the U.S. in 2001. She and her United States citizen husband have been married for over four years although they have been together for more than ten. They live in California and have substantial shared commodities and family and community ties. Our client and her husband also own a business together. We filed a request to the Office of Chief Counsel, Immigration and Customs Enforcement, to join in our motion to reopen. They agreed.

Joint Motion to Reopen Approved

Joint Motion to Reopen

A Hatian National who was ordered deported in 2000 and later married an American citizen. We filed a request with Immigration and Customs Enforcement to join us in a request to reopen his case before the Board of Immigration Appeals. After many months of negotiation with the Office of Chief Counsel Trial Attorney, they agreed to join us and our client will now be able to adjust his status to lawful permanent resident through marriage.

Joint Motion to Reopen Approved

Motion to Reopen Sua Sponte Before the Board of Immigration Appeals

Our client had a conviction from 1996. He was ordered removed from the United States years later in 2002. The conviction was vacated and, therefore, the sole ground for deportation no longer existed. We asked the Office of Chief Counsel in Miami to agree to reopen the case. They refused. We then made a motion directly with the Board of Immigration Appeals which remained pending for many months. We filed another motion asking the Board to consider our initial motion unopposed due to no response from the Government. The Board of Immigration Appeals granted our motion, reopened removal proceedings and terminated proceedings. Our client is now a lawful permanent resident again.

Motion to Reopen Granted

BIA Reverses Motion to Reopen Denial

We filed a Motion to Reopen for our client, a native and citizen of Venezuela claiming that she did not receive proper notice of her hearing date and time. She had been ordered deported in absentia in 2009. The Immigration Judge denied our motion, claiming that our client did not properly notify the Miami Immigration Court of her new address, even though she had changed her address with the United States Citizenship and Immigration Services.

We filed a timely appeal of the motion to reopen denial to the Board of Immigration Appeals in Falls Church, Virginia. The Board reversed the Immigration Judge’s decision, reopened our client’s case, and sent the case back to the Miami Immigration Judge for further proceedings. Our client no longer has an order of deportation and can now fight her case in the Miami Immigration Court.

Motion to Reopen Granted by the BIA

Motion to Reopen Due to Error on Removal Order – Miami Immigration Lawyer

Our client, a Jamaican National, was ordered removed by an Immigration Judge in Miami, Florida for not appearing at his hearing. The Immigration Judge ordered him removed to Haiti, although he is Jamaican. While in immigration custody, we notified the detention and removal department that our client could not be deported to Haiti. The Immigration and Customs Enforcement trial attorney filed a motion to the Immigration Judge to amend the Order and change the country to Jamaica. We opposed this and argued that the case should be re-opened. The Immigration Judge agreed with our argument and re-opened our client’s case. As a result, he was released from custody on immigration bond and will be able to obtain his green card based on his marriage to a United States citizen.

Motion to Reopen Granted. Released From Custody

Adjustment of Status after Motion to Reopen

Our client was ordered removed from the United States in 2004. He married his current wife and they have a child together. We applied for a family-based visa which was granted. We then asked the Office of Chief Counsel to agree to reopen the old removal case so that our client could obtain his green card. They agreed and today before the Immigration Judge in Miami, our client was made a lawful permanent resident of the United States.

Adjustment of Status Granted

How To Get NY Visas

NY visas

New York City is one of the most attractive cities in the world to live in. This attraction draws people worldwide to a life in the Big Apple. The availability of high paying jobs is a big draw for the national community. However, given recent developments by the Trump Administration immigration is harder than ever. Today we are going to examine the NY visa process. We will discuss the different types of NY visas as well as the application process.

NY Visas Types

There are two classifications of visas, non-immigrant and immigrant visas. The state department issues immigrant visas to those who wish to stay in the U.S. permanently. Non-immigrants visas are given to those people whose wish is to stay in the country temporarily. These types of visas include medical treatment, vacation, or temporary jobs. Within these classifications, there are also many types of NY visas.

The most common NY visas are employment visas. The immigrant visas for employment are the EB-1 through EB-5 visas as well as the green card. A green card which is also known as the diversity visa is given out through a lottery system. You can learn more about the lottery system here.

EB-2, EB-3, and EB-4 visas are for immigrants with high qualifications. Your prospective employer must prove that there are no suitable American candidates for the job in order to apply for one of these visas. They also must prove that your presence will not reduce the working conditions or pay for American’s in similar positions. Because of the strict rules, these types of visas have a complex application process.

NY Visas: Non-Immigrant

The second type of NY visas is non-immigrant. These visas are temporary. The most common types of non-immigrant visas are H-1B and O-1. These visas are for people that have “specialty occupations” or “extraordinary abilities.” H-1B and O-1 visas last three years. However, the length of these visas can be eligible for extensions.

The most popular type of non-immigrant visa is the E-1 visa. This visa is for employees of companies from countries the U.S. has a trade treaty with. In most cases, these visas are eligible for an indefinite extension. An E-1 visa also allows family members of the visa holder to apply for employment visas in the U.S. To qualify, the applicant must be a national of a treaty country and carry out principal and substantial trade with the USA.

The Visa Waiver Program allows people to enter the U.S. for 90 days without a visa. The program only requires someone to apply at an embassy in their home country before traveling to the United States. Upon arrival, the person must register with the Electronic System for Travel Authorization (ESTA). If you do not qualify for the waiver program, you must apply for a B-1 visa which limits your stay to six months.

There are quite a few non-immigrant visas available. They range in purpose from those trying to escape violence to those traveling to the U.S.

NY Visas: Do You Need Help?

Many visa applications are straightforward. They have a simple process that is usually handled entirely by the embassy in your home country. Some of these visas require the participation of your new employer in the application process.

There are some instances where you may want to seek legal advice about your immigration status. If you are looking to extend your visa you may want to consult with an attorney. An attorney can help you through the extension process. This process may be more complex than the initial application and you will most likely want the help of an attorney.

Also, if you are accused of a crime, your immigration status is immediately in question. If you receive criminal charges, consult with an immigration attorney immediately. Given the political landscape, immigrants with criminal charges are being deported quickly. Therefore, you do not want to waste any time. Consult with a New York immigration attorney immediately to discuss your options.

Pozo Goldstein Can Help

No matter what your immigration needs are the attorneys at Pozo Goldstein are ready to assist you. Whether you want to bring your family to the country or you have recent criminal charges that jeopardize your immigration status Pozo Goldstein can help.

If you have any questions about visa applications or your immigration status contact Pozo Goldstein today and find out how we can help.

H-1B Visa Applications Are Grinding to a Halt as President Trump Changes Policies

H-1B visa applications

Looking Abroad for Talent

Sometimes a company can’t find the right person to fill a position. They advertise and try to headhunt talent from other local businesses. They interview candidate after candidate, and the company can’t find the right person. So, what can this company do? They broaden their search to another city, and sometimes this search leads to cities in other countries. The education and experience necessary may lie abroad; sometimes a developing field or new technology grows in another country, and Americans can use that expertise to succeed. That’s when human resource departments start pursuing H-1B visa applications.

Changes to H-1B Visa Applications

Recently, on April 18, Donald Trump signed an executive order that will change the way H-1B visa applications can move forward. According to the USA Today, the executive order doesn’t have much information, but it sets forth an initiative to make getting H-1B visas more difficult. The order asks government agencies to come up with reforms that will make H-1B visa applications available to more highly skilled and highly paid workers. Trump has stated that the current lottery system for awarding H-1B visas is “wrong,” and his directive will change the way immigration handles applications and the way they award visas.

What Might Happen

The way these changes will take place are not yet known. What is known, is that Trump wants to ensure that these visas will be harder and more expensive for companies to get. Some of the changes may include creating an auction type system. A company offering the highest salary will get the visa. For example, a company wants to pay someone $60,000 for a position. Another company wants to pay $200,000 for the same position. The company that offers the highest salary will win. This will make sure that companies who need to source employees from outside the country will put their money where their mouths are.

Right now, the administration believes companies are trying to save money by paying lower wages to people from countries where a lower wage in the United States far exceeds anything they would make in their home countries. Also, levels of education and qualifications will be an issue when choosing who immigration favors in H-1B visa applications. The new system may grant preferential treatment to someone with a doctorate over someone with a masters degree. Of course, this means the system will prefer someone with a masters degree over a bachelor’s degree, and so on.

Who Will The Changes Affect?

The largest industry that will be affected is the tech industry. The New York Times reported that on April 3, 2017, the United States Citizenship and Immigration Services would no longer automatically accept computer programming jobs as a special position for H-1B visa applications. For years, the tech industry has relied on bringing in workers from other countries. Historically, companies have looked to India for years when outsourcing programmers.

Tech companies are not the only ones that will see things change. These changes will touch every industry in some way by the restriction of visas. One industry, in particular, visa expediting services, will feel the crunch. An article published on ProPublica notes that currently outsourcing companies and companies that offer premium processing services may soon be out of luck. Expediting services are losing money every day right now. On top of that, the USCIS will lose up to $100 million is fees.

Not a Surprising Time for Trump’s Decision

Trump campaigned on making it more difficult for employers to hire from abroad, and it looks like he is following his word on this issue. The timing of this announcement comes right after the USCIS started accepting H-1B visa applications for next year, 2018. No one knows how far the changes will go. Developments are expected to come quickly before applications can be reviewed under the current criteria. Those wishing to see if they are currently eligible for an H-1B visa can go to the USCIS website and fill out a questionnaire. Unfortunately, the answers to your query may change very soon.

Get Help Now

If you are an employee who needs help with your H-1B visa application, or if you are an employer who needs assistance getting the talent you need, work with an experienced immigration attorney that deals with H-1B visas. Times are changing, visa processes are changing, and we can help. Contact Pozo Goldstein today.

Queens Immigration Attorney

Queens Immigration AttorneyA Queens Immigration Attorney for a visa may help you or your significant other throughout the whole application process to be less painstaking. The services of immigration lawyers are valuable in this regard. Immigration lawyers offer professional legal help and are experienced with K1s and K3s along with other visa cases. They’ve dealt with various applicants, comprehended distinguishing features of their situation and solved many unforeseen problems. They’ve got the wheels turning for lots of candidates eager to head to the US for a better life.

Put simply; a Queens Immigration Attorney knows exactly what to expect at every stage. Applicants often find themselves frustrated, due to unforeseen delays or confounding processes. The complicated appointment procedure at the Embassy or Consulate is the most challenging part. A Queens Immigration Attorney will start their participation by preparing your USCIS request. Their support carries on when the processing reaches the Embassy or Consulate. Your other half needs efficiently to clear the Embassy or Consular stage interview. The lawyers will prepare you for the interview. Their assistance carries on from the USCIS to the Embassy. Queens immigration lawyers for K1 visa assist in completing all required forms and help in gathering the numerous records your fiance needs for the Embassy interview. Immigration lawyers are well versed in all the applicable laws plus they keep abreast with whatever modifications happen in the K1 process. Their services are valuable because they take the full obligation of making sure you receive acceptance for the request as early as possible. This kind of assistance might make all the difference.

An H-1B temporary employee is a foreign national who’s coming briefly to the U.S. To perform a specialty occupation. A bachelor’s or greater in the particular specialty as the absolute minimum for entry into the profession in the US. Accountants, designers, academics, university professors, specific types of nurses, attorneys, doctors, and technicians will all qualify as H-1B employees. The only way to make a determination whether a certain worker will be eligible is thru advice from a seasoned Queens Immigration Attorney.

The H-1B visa remains one among most flexible nonimmigrant work visas used by U.S. Businesses to employ foreign workers. Here’s a list of issues to bear in mind when filing an H-1B petition. The maximum period that a person can hold H-1B status is six years. An employer might request employment for up to three years and after that might request an extension for another three years. Exceptions do exist to permit an H-1B extension beyond the first six years.

A foreign employee is qualified to the same benefits as other equal U.S. workers. The work of the foreign employee shall not adversely affect the working conditions of other workers. The LCA should be made available to get Department of Labor and to get a public examination. Spouses and kids of an H-1B are eligible to H-4 visas. H-4 holders cannot work in the U.S. However they are eligible for attending school either part-time or full-time. Feel free top check out the New York Division of Immigrant Policies and Affairs for more information.

Choose Pozo Goldstein, LLP for a Queens Immigration Attorney who is Experienced to Help!

Call Today for a Free in Office Consultation 646-350-2202!

E-2 Visa

The Business Visa Team with Pozo Goldstein, LLP successfully assisted a Florida technology startup obtain a visa for one of their primary investor’s from Italy. The visa will allow him to serve as the company’s Chief Executive Officer where he will be instrumental to the future success of the company.

E-2 Visa Approved

L1-A Visa

The business visa team with Pozo Goldstein, LLP recently obtained an L-1A visa approval for a successful New Zealand marketing company expanding into the US. The company had immediate needs to transfer one of the founding partners to New York to lead US-based expansion efforts.

L1-A Visa Approved

Marriage Visa Petition Appeal of Denial

Our client presented as the beneficiary of a marriage visa petition. The District Director in Orlando, Florida, determined that because our client was allegedly involved in a prior marriage that was considered fraudulent, that she could not benefit from the current marriage with a visa approval according to Section 204(c) of the Immigration and Nationality Act. The determination of the prior marriage fraud was based on a perceived lack of documents and discrepancies during the interview process. After review of the case, we determined that the District Director did not have enough evidence in the record to make the fraudulent marriage finding. We appealed to the Board of Immigration Appeals and they agreed with us and sustained our appeal. The case has been remanded to USCIS in Orlando, Florida with instructions to adjudicate the visa petition under their ruling of no marriage fraud.

Appeal Sustained

H1B Visa

Pozo Goldstein, LLP’s business visa attorneys recently received one of the last H-1B approvals for the 2012 season. We helped a New York based Design & Branding Agency hire a designer to help them with projects for their long list of exclusive clients.

H1B Approved

E-2 Investor Visa

Pozo Goldstein’s Business Immigration Attorneys recently obtained an H-1B visa for a marketing research analyst for a financial services firm on Wall Street. The new employee has special knowledge that will be key to helping the company research and develop a strategy for expansion into Asia.

Visa Approved

E-2 Investor Visa

Pozo Goldstein’s Business Immigration Attorneys recently obtained an H-1B visa for a marketing research analyst in a major global logistics company. The company’s new employee will help them work with existing South American clients, analyze their competition and recommend growth strategies moving forward.

Visa Approved

Adjustment of Status – Immigration Lawyer

Our client, a Nigerian National, was previously accused of marriage fraud. Her case was appealed to the AAO and was remanded to USCIS for a second interview. After the second interview, our client was granted lawful permanent resident status.

Adjustment of Status Granted

Miami Immigration Lawyer – Family-based Visa Petition

Jamaican client and her minor daughter each were approved and adjusted to legal resident status based on the client’s marriage to an American citizen.

Adjustment of Status Granted

Business Investment Visa

The Atlanta Business Visa Team with Pozo Goldstein, LLP successfully assisted a South Florida automobile repair franchise obtain a visa for one of their one of their most essential members. The visa will allow him to serve as the company’s General Manager where his work experience in the industry provides him with a deep understanding of both client interaction and the business side of the industry, providing the company a General Manager capable of directing with a pervasive know how.

Visa Approved

Employment Visa

The Business Visa Team with Pozo Goldstein, LLP successfully assisted one of the largest and most prestigious medical centers in South Florida obtain a visa for one of their most essential members acting in the specialized position of Coordinator of Organizational and Logistic Development. The visa will allow him to serve in the U.S. where the company continues to stress their core value of personal commitment to the health and well-being of the patients they serve. The individual’s extensive education and work experience make him the ideal candidate for this specialized position.

Visa Approved

Business Investment Visa

The Business Visa Team with Pozo Goldstein, LLP successfully assisted an eco-friendly real estate developer and management company obtain a visa for their CEO. The visa will allow him to serve in the U.S. where his company will continue to develop beautiful designs with self-producing energy systems and low-impact energy consumption. By implementing the most advanced techniques in energy conservation and building efficiency the visa recipient is helping guide the company to a more socially responsible and environmentally respectful way of inhabiting the world we live in.

Visa Approved

Extraordinary Ability Visa

The Business Visa Team with Pozo Goldstein, LLP successfully assisted a notable Italian Sports Journalist obtain an extraordinary ability visa for his work in the art of sports journalism, particularly U.S. sports, Olympic sports, and Soccer. The visa will allow him to continue to serve in the U.S. for one of Italy’s most widely circulated newspapers. He has made significant contributions to the success of distinguished journalists through his skillful and broad form reporting, for which he has personally received due recognition within the global media industry as a whole.

Visa Approved

Business Investment Visa

The Atlanta Business Visa Team with Pozo Goldstein, LLP successfully assisted a notable Italian Journalist obtain an extraordinary ability visa for his work in political and socioeconomic journalism. The visa will allow him to continue to serve in the U.S. for one of Italy’s most widely circulated newspapers. The individual has received international praise for his work, and is widely considered to be an authority in his field of expertise having achieved recognition substantially above his peers in this area.

Visa Approved

Business Investment Visa

The Orlando Business Visa Team with Pozo Goldstein, LLP successfully assisted a Central Florida hotel supply manufacturer/distributor obtain a visa for one of their founding members. The visa will allow him to serve as the company’s CEO where he will be instrumental developing their future endeavors. The individual’s entrepreneurial experience and extensive education are imperative to the success of the company. Only an individual with his marketing experience and knowledge of the company would be capable to successfully carry out this role.

Visa Approved

Same-sex Marriage Petition

We are thrilled to continue representing same sex couples following the repeal of DOMA last June. What we have noticed is the speed of the process in these particular cases. Just recently we filed an I-130 petition, simultaneously with the I-485 application for a same sex couple. They met, while working as professional dancers on a major cruise line. They became a couple long before the DOMA was repealed and were married prior to last June as well. One of the men, a native and citizen of Australia wished to become a lawful permanent resident and reside in the United States with his spouse, once they stopped traveling with the cruise line. Our Australian client entered for several years on a crewman (or C-1 visa). Despite this, we filed for his residency by virtue of his marriage to a U.S. citizen.

The couple had an extensive number of photographs and memorabilia that depicted the evolution of their relationship throughout the years and through visits to more than twenty countries. We submitted many of these, creating a story for the examining officer to follow allowing him to follow their relationship from dating through marriage. When we at attended the interview, the ICE officer expressed his gratification with our firm for the ease of the interview due to the thorough and organized package we filed. He did not separate the couple to ask any questions about their relationship.

I-130 and Stateside Waiver

Since early last year, the availability of the new Stateside Waiver, has brought a rush of clients to our Miami office who are living in the South Florida area who are currently not in lawful status. Many of these clients are married to United States citizens, but previously were not able to adjust their status to lawful permanent residency, due to their manner of entry. Since 2001, these petitions were exclusive to immigrants who entered with a visa, or could prove they were inspected and admitted.

A recent couple, who had been married for a few years and had a young child, retained our services to help with their petition. We gathered voluminous documentation supporting the validity of relationship and filed an extensive package to USCIS with the I-130 petition.

Immigrant Visa with I-601 Waiver

Our client, a native and citizen of Israel, was previously deported from the United States. His United States citizen wife petitioned for him to obtain an immigrant visa (green card). Because of his previous unlawful presence and deportation, he needed a waiver and a showing of extreme hardship to a qualifying relative. We were able to convince the consular officer in Israel that extreme hardship was present in this case and all applications for benefits were approved. Our client successfully consular processed with the waiver and is now present in the United States as a green card holder.

Immigrant Visa and Waiver Approved

U Visa

Our client was assaulted at a gas station in Panama City, Florida where he was a store clerk. Defendants hit our client in the head with a claw hammer numerous times. The defendants then proceeded to take $1,000.00 in cash from the register and our client was left inside the store bleeding from the head.

He received seven pin staples or stitches due to the injuries. He also underwent a CT scan. In addition to the substantial physical abuse he suffered, our client suffered extreme mental distress and depression because he was subsequently sued by Bay Medical Hospital for failure to pay the medical bills that resulted from the medical treatment he received the night of the incident.

The first defendant was convicted of Principal in the First Degree to Robbery with a Deadly Weapon on March 30, 2012 and he was sentenced to one year in county jail, one year of community control, eight years of probation, one hundred hours of public service work, $1,077.00 in court costs and fines, no contact with the victim or the co-defendant and $750.00 in restitution to our client, among other things. The second defendant was convicted of Robbery with a Deadly Weapon, Aggravated Battery and Grand Theft.

Our client was admitted to the United States on an F-1 visa on June 6, 2007 to pursue a master’s degree. He received his Master’s of Science in Electrical Engineering on July 27, 2007. He former employer filed a Petition for a Nonimmigrant Worker, Form I-129 on behalf of our client but this visa process was not completed after he lost his job with the sponsoring company!

U Visa Approved

O-1 Visa

The business visa attorneys with Pozo Goldstein, LLP recently obtained an O-1 visa for a foreign national with extraordinary ability in business, specifically global corporate expansion. He will now work to help foreign businesses enter the U.S. market – we are fortunate to have such an extraordinary individual in the country!

O-1 Visa Approved

U Visa

We represented a client who was assaulted by someone with a firearm who also assaulted his two minor children. The perpetrator was charged and convicted of false imprisonment, and lewd and lascivious behavior on a child. Because our client cooperated with the authorities resulting in a conviction of the former police officer and now criminal, a U visa was granted.

U Visa Granted

E-2 Investor Visa – Italian Linen Co.

Pozo Goldstein’s Business Immigration Attorneys recently obtained an E-2 investor visa for a luxury Italian linen company. The company has been in business for several years and was interested in bringing a principal investor to the United States to lead plans for nationwide growth over the upcoming years. The client is currently in The United States pursuing expansion opportunities.

Visa Approved

I-130 Notice of Intent to Deny

Husband and wife presented themselves for I-130 visa petition and I-485 Green Card application case at the West Palm Beach USCIS Field Office. The applications were filed concurrently. Prior to this case the applicant had filed for residency through her then Cuban husband and in the interview the officer found many discrepancies and accused the applicant of marrying to circumvent Immigration laws. USCIS sent a Notice of Intent to Deny the I-130.

We responded to the Notice of Intent to Deny with a comprehensive defense of the first and second marriges. After review, the USCIS reversed their decision and granted the current I-130 petition.

Visa Petition and Green Card Approved

I-601 Waiver

Our client, the wife and mother of US citizens, was the beneficiary of a petition filed by her US citizen husband. Although she had overstayed her visa years ago, she qualified to adjust her status without departing the US because of her marriage. She was represented by a notary who told her that she had to leave the US to adjust status. This was horrible advice. She departed the US and thus triggered the ten year bar from returning to the US. Our client then hired our firm to appeal the denial of an I-601 waiver. We appealed, and the case was granted and reversed.

Appeal of I-601 Denial Granted

Abused Spouse Self Petition – Miami Immigration Lawyer

Our client, a Mexican National, was married to a lawful permanent resident. She suffered abuse at the hands of her husband. We filed an I-360 Self-Petition which was approved with deferred action (15 months) for mother and daughter. Our client lived in 4 different states, New Mexico, Arizona, California, and Florida.

I-360 Self Petition Approved

Adjustment of Status to LPR – Immigration Attorney Oakland Park

Our client’s adjustment of status application was pending since February 2007. This was a complicated case because Interpol was involved due to an issue in Europe. We communicated with ICE/ Regulations and Disclosure Branch in Washington, D.C., and they removed his case from the database which paved the way for our client’s adjustment of status to Lawful Permanent Resident status.

Adjustment of Status Granted

Haitian Adjustment of Status – Miami Immigration Lawyer

Our client, a Bahamian Citizen, and Haitian National, was denied adjustment while his entire family was granted a green card by USCIS. The reason for the denial was that the USCIS did not consider him a Haitan citizen. After several re-submissions of his application and proof that his mother is a Haitian citizen. Because we were able to prove that our client is a Haitian Citizen, he was granted his green card under the old law passed by President Clinton.

Adjustment of Status Granted. Green Card issued.

Miami Immigration Lawyer – Petition to Remove Conditions

Venezuelan National previously married to a United States citizen and granted a temporary green card. During the next two years, her husband mistreated her and she was forced to file for divorce before applying for her permanent green card. We represented her before the Miami USCIS where she applied on her own to become a lawful permanent resident. After the interview with USCIS, the examining officer granted her case and stamped her passport.

Adjustment to Lawful Permanent Resident Status

Immigration Lawyer – Cuban Adjustment Case

Cuban entered the United States without inspection or parole. Without inspection or parole, he could not apply for his green card through the Cuban Adjustment Act. We were able to obtain a parole for him. Once we obtained the parole, we applied for his green card and, after two requests for further information from USCIS, he was finally approved.

Cuban Adjustment Granted, Green Card issued

Removing Conditions of Residency – Immigation Attorney – Miami

Woman from Peru with her conditional residency through marriage to a United States citizen needed to remove the conditions but she was divorced. We applied on form I-751 with a request for a waiver of the joint filing requirement. After an interview at the Miami field office, the application was approved and our client will get a 10 year permanent resident card through marriage even though she is divorced from her petitioner husband.

Removal of Conditions Granted

Miami Immigration Attorney – I-130 Visa Petition

I-130 approval notice received from USCIS Tampa for 11 yr. old Step-Daughter of a United States citizen.

Waiver of Inadmissibility Granted

Miami Immigration Lawyer – I-130 Marriage Petition with I-212 Waiver

Colombian National, previously accepted voluntary departure and left the United States. She is married to a United States citizen and her initial I-130 petition was denied erroneously. Our firm represented her and the I-130 was reinstated and approved. Also approved was an I-212 waiver, permission to re-apply for admission.

I-130 Petition Reinstated and Granted

Miami Immigration Attorney – Adjustment of Status – Cuban Adjustment Act

Client came to us after his application for a Green Card had been pending for over one year with no answer. The client had a minor criminal infraction also. We were able to obtain the necessary information to move his case along with USCIS.

Case Granted. Green Card Issued

Miami Immigration Visa Attorney – Cuban Adjustment Act

Native and Citizen of Cuba granted Lawful Permanent Residence pursuant to the Section 1 of the Cuban Adjustment Act. Individual had criminal history issues but Green Card was granted without the need for a waiver (pardon).

Green Card Granted and Issued

Miami Immigration Attorney – Marriage Visa Petition

Husband and wife presented themselves for I-130 visa petition and I-485 Green Card application case at the Kendall USCIS Field Office. The applications were filed concurrently. After an interview with the Kendall USCIS Adjudications Officer, the case was approved.

Visa Petition and Green Card App Approved

Miami Immigration Lawyer – Adjustment of Status with I-601 Waiver

Represented an individual in adjustment of status proceedings before USCIS in need of an I-601 waiver for unlawful presence and a conviction for Possession of Stolen Property. Individual was an arriving alien with a Removal Order. At the interview, deportation officers were waiting for him until we explained to the adjudication officer that USCIS retains jurisdiction to adjust status for arriving aliens.

Green Card Approved

O-1 Visa

The Business Immigration team with Pozo Goldstein, LLP obtained an O visa approval for a renowned Italian sports journalist. The reporter’s work can be found in publications around the globe, and his new visa will give him the ability to continue to pursue exciting stories in the United States.

O Visa Approved

E-2 Visa

The Business Visa team at Pozo Goldstein recently obtained an E-2 Visa for an Italian freight forwarding company seeking to bring an accountant and finance manager to their New York office. This successful company is experiencing global growth and the new team member will be critical to operations moving forward.

E-2 Visa Approved

ESTA Visa with Waiver

Our client is a British citizen living in Australia who was inadmissible to the U.S. due to two thefts in the United States and because she failed to disclose these arrests on her Visa Wwaiver Program application (ESTA) form previously.

212(d)(3) Waiver Granted

Removal of Conditional Residency – I-751

We were hired to represent a young woman from France who recently received a Request for Evidence (RFE) following the filing of an I-751, Petition to Remove the Conditional Status of her Lawful Permanent Residence.

After she married her United States citizen husband, he file an I-130 petition for her as his spouse. Simultaneously, she filed form I-485, Application to Adjust Status to Lawful Permanent Resident. Following an interview at USCIS, she was accorded Conditional Resident Status. She correctly filed her I-751 before her two year expiration date, however in the interim, the couple had separated and decided to end their relationship. When she came to our office, she did not know how to respond to the RFE since she was no longer living with her husband. We advised her to begin a simple divorce proceeding, which she did. We worked on her package, while we awaited the divorce, collecting numerous documents evidencing their courtship, relationship and ultimate marriage. The amount of paperwork that our client collected was impressive and we were able to fill an entire Fedex Medium Sized Box with our responsive filing. Once we received the final divorce, we added it to the package along with our letter advising USCIS that the couple had filed and obtained a divorce prior to the two year conditional period. We filed this response, without filing a waiver for the divorce because we felt we had ample evidence in her particular case. We were able to submit a very large photo album documenting their relationship, including trips together, dinners, and many other excursions.

We also included a massive number of printed out e-mail and skype correspondences between the couple, ranging from flirtation, to love and eventually fighting and dissolution of their marriage. We submitted the tax returns they filed jointly while married, copies of their bank statements, FPL bills, cell phone bills, and copies of the lease where they rented an apartment together. We also asked friends and family to provide notarized affidavits speaking to how they knew the couple and confirming that they were in a bona fide relationship, even though they were no longer together. Lastly, we were able to obtain a sworn affidavit from her ex-husband, stating that he married her for love and affection and not in any way to circumvent the immigration law.

After sending the enormous package Fedex, we expected an interview date to be forthcoming. To our surprise less than two weeks later, we received notification that her Permanent card was being processed without an interview. Client was extremely please since she was spared having to recount the details of her failed marriage again at an interview before an immigration officer. She will be eligible to apply for citizenship in less than three years!

I-751 Granted

I-751 – Removal of Conditions

We were retained to represent a woman from Serbia, which was part of the former Yugoslavia. She studied in the United States for many years and had attained an advanced degree in Engineering. She met her husband, who had originally emigrated from Serbia, but had already become a United States citizen. The couple had separated prior to their two year anniversary so when we filed the I-751, Petition to Remove the Conditional Status of her Residence, we had to file a waiver, due to the divorce. The interesting and challenging aspect of this particular case was that the couple never officially lived together. They met at a resort town where the husband worked, but our client was not able to find employment in the same location. We had to provide evidence that they tried to work out their long distance relationship by submitting copies of airline tickets and itineraries documenting the extensive commuting that the two undertook in order to salvage their relationship. We did not have the usual evidence such as a lease agreement or mortgage, utility bills or joint bank account statements. The main evidence we submitted was photos taken during their times together, affidavits from family and friends and affidavits from each of them. Once we submitted the package, we were given an interview approximately a month later.

Result:

Happily our client was granted Lawful Permanent Resident status at her interview. The immigration officer at USCIS examined the evidence we submitted in addition to asking our client questions describing the marriage and its ultimate demise. The officer was satisfied, based on the evidence and the testimony presented that our client had entered into her marriage for love and not for immigration purposes. In less than three years our client will be able to apply for citizenship.

Case Granted

Same-Sex Marriage Through Parole in Place for Military Families

Our client entered the United States without inspection. His United States citizen spouse served in the military. We were able to obtain a parole-in-place which allowed him to apply for his green card through marriage to the United States citizen spouse.

We filed an I-130 family based petition, however, before the petition could be approved, his spouse passed away. The I-130 petition converted to an I-360 widower petition.

We were able to get the I-360 petition approved.

I-360 Approved after Parole-in-Place Approval

U Visa Granted – Miami Immigration Lawyer

Our client, a national of the United.Kingdom, was the victim of domestic violence by her then boyfriend. She was punched in the face and suffered injuries.She was transported to university hospital. We applied for a U visa for her to the Vermont Service Center and her U visa as granted. She will be able to apply for a Green Card in 3 years.

U Visa Granted

B-2 Tourist Visa

Our client, a 38 year old Colombian National who was denied a B2 visa at the age of three when his father applied for him and again on his own at the age of 31. He is not marrited and has no children and is the manager of an information technology business. He has been a member of Colombian Jewish organizations for over fifteen years and even served as a coordinator, organizer and president for a few of them. He is most involved in Maccabi Colombia which promotes athletic-based activities for Jewish athletes to compete in the Maccabiah games. The purpose of his trip was to attend the Maccabiah games in the U.S. and to attend a friend’s wedding.

After submitting a comprehensive package for him to the consulate addressing 214b concerns, our client was granted a tourist visa.

B-2 Tourist Visa Granted

U Visa

Our client is a citizen of the United Kingdom. While in the United States and living with a United States citizen boyfriend, she was physcially abused by the boyfriend. Our client required hospital treatment. We filed a U visa package for our client and demonstrated that she was, in fact, abused and that she cooperated with the prosecution of the perpetrator.

The U visa was granted and our client will be eligible to apply for a Green Card in three years.

U Visa Granted

H1B Approval

We submitted an H-1B application for a Financial Analyst on behalf of a global company. The applicant was a Chinese national who was reaching the end of her 6th year of H-1B status. We were able to get the PERM application approved, the I-140 approved, and the 3 year H-1B extension approved for the applicant all within a twelve month period. The company can now can continue to employ the individual in H-1B status until she is eligible for her adjustment, worry free!

Visa Approved

H1B – IT Specialist

We submitted an H-1B application for an IT specialist on behalf of a global company. The IT specialist was an Indian national. The case required a careful examination of the applicants H-1B history and assurance he was eligible for the time requested. The application was approved. The IT specialist is now working for the company.

Visa Approved

H1B – IT Specialist

We submitted an amended H-1B application on behalf of an IT specialist for a global company. This case was extremely complicated, and involved a mistake made on the part of a previous attorney who miscalculated the H eligibility time left for an Indian national. This mistake caused both the individual and the company great distress as they were under the impression he was out of H time and his PERM had not yet been filed, meaning he would have to return to India. After a careful review of his entire immigration history and all travel, we discovered he in fact had another five years of H time left, and had reset his six year clock twice in the last ten years!

The previous attorney completely missed this and almost cost him his ability to continue to work in the United States. The amended petition was approved and the individual now works for the company with the proper validity period he is entitled to. We now can start the PERM process for this company stress free!

Visa Approved

Same-sex Marriage Green Card Petition

A couple was referred to our firm by very close friends who had used our services in the past. The two gentlemen had met many years earlier while mutually “liking” a comment on Facebook. Eventually they decided to meet in person, even though one of them lived in the United Kingdom. They had their first date in Orlando, Florida where they enjoyed the sunshine and fun provided by Walt Disney and friends.

They started a long distance relationship with a few further visits overseas. When the Defense of Marriage Act (DOMA) was finally repealed last summer, they eventually decided they could no longer be apart and wanted to legally marry. It was also decided that they would reside in the United States, so that meant a same-sex marriage petition filed by the United States citizen husband.

Once they were married, we immediately filed the I-130 and I-485 simultaneously. Once fingerprinted, the work authorization card arrived shortly afterwards. It was a very short time after that when the final interview date was scheduled. We prepared the couple for the interview by reviewing the original documents and additional evidence we would be providing at the interview.

Upon our instruction they had assembled a vast array of photographs and memorabilia depicting their relationship. Because the couple were friends of past clients and had specifically requested a certain attorney at our firm to accompany them to the interview, our attorney flew to South Florida from New York in order to attend. We were confident that the interview would be a success.

Case granted. Green Card Issued