New USCIS guidelines on ‘unlawful presence’
USCIS issued new guidelines trying to create a unified approach to the question of “unlawful presence.”
I have not had a chance to review them yet. I’ll report back.
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Cases of note
August 2015
Child born in foreign country. US citizen father used a false ID for foreign birth. Father failed to register birth at US consulate. Child brought to USA by father. Child is now an adult. Adult child came to my office to obtain permanent residence through husband. I suggested the adult child file for a Certificate of Citizenship as she had a good-faith argument for being a US citizen. USCIS agreed. Application approved.
Citizen of Guatemala provisional waiver application approved.
November 2014
With her mom deported, child was left with her aunt. Aunt desperately tried to reunite child with her mom but mom missing in Mexico. Guardianship obtained for aunt. Permanent resident application filed. RESULT: Child is now a permanent resident.
Mother and children given intent to deny letters as they were not eligible to adjust status because the father was a Lawful Permanent Resident. Solution: Naturalization application for dad filed by our firm. USCIS agreed to delay green card cases for father's case to be adjudicated. Father passed exam and became a US citizen. Mom and all the minor children became permanent residents. The children under 18 became US citizens upon application with the youngest taking her citizenship oath this month.
October 2014
On a second appeal, the Board of Immigration Appeals remanded case to Immigration Court involving detainee denied the opportunity to request relief that arose while his first appeal was pending. Order for the immigrant on all issues.
Obtained dismissals from Immigration Court in cases involving unaccompanied children so the children can file with USCIS to obtain lawful permanent residence.
September 2014
Grant of permanent residency by an Immigration Judge under INA sec. 245(i) after over four years of the matter being contested in Immigration Court.
The adult child of a Lawful Permanent Resident had waited since 1993 for her visa to be current. Unfortunately, in 1997, she had left the USA on a voluntary return after being arrested for working without authorization. Seven other immigration law firms said her green card application would be denied. RESULT: GRANTED.
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