In August, we successfully defended two lawful permanent residents who were in removal proceedings because of old criminal convictions. Because both of the cases involved pre-1996 convictions, our clients were able to apply for relief pursuant to former section 212(c) of the Immigration and Nationality Act. Winning a 212(c) waiver case requires convincing an immigration judge that the hardships of removal and the equities of allowing the applicant to remain in the US as a lawful permanent resident outweigh the negative factors. We worked with out clients to present evidence of their lengthy residence in the United States, their extensive famly ties to this country, their history of employment, service to the community and rehabilitation and reform. They gathered supportive declarations from friends family members and family photos. We collected tax returns and letters from employers. We also held mock hearing and had our clients practice their testimony. In the end, our hard work paid off and our client’ applications were granted. Their greencards were returned and they can go on with their lives as lawful permanent residents of this country.

In 2009 an officer at United States Citizenship and Immigration Services (USCIS) in Orlando denied our client’s application for permanent residency claiming that he made false claims to US citizenship. Specifically, the officer concluded that our client admitted to claiming U.S. citizenship when he applied for his social security number, Florida driver’s license, plumbing license, and concealed weapons permit. We reviewed the concealed weapons permit and plumbing license applications, both of which clearly demonstrate that our client did not make a claim to U.S. citizenship.  We were able to determine that he applied for his driver’s license and social security number in 1979, so even if he did make a claim to citizenship, it was before September 30, 1996 and thus did not render him inadmissible. So in the end, even though our client admitted under oath that he had claimed to be a U.S. citizen on various occasions, the documentary evidence we presented showed that he, in fact, did not claim to be a citizen when he applied for his driver’s license, plumbing license, weapon’s license, or social security number. In light of this new evidence USCIS overturned its decision and has scheduled our client for a new adjustment interview.

 An immigration judge in Miami, Florida has granted political asylum to another one of our clients from Burma. This client is a member of the Zomi tribe which belongs to the Chin ethnic minority. He is a practicing Christian and member of the Baptist church. In 1997, he dedicated his life to the ministry and went to teach religion and the Chin language to children in a village in Sagaing Division. In 2000, the Burmese military authorities accused the villagers of supporting the Chin National Front (CNF) and threatened to burn down their village. Our client tried to intercede and convince the authorities that the villagers were not supporting the insurgency. In response, the military men beat him until he was unconscious and eventually forced him to flee the country in fear of his life. He first took refuge in Thailand and then made the long journey to the United States.

An immigration judge ruled against him the first time he appeared in court. Our client appealed. The Board of Immigration Appeals returned the case to the immigration judge and ordered him to hear it again.  We handled the case on remand.  We submitted numerous country reports from Human Rights Watch, the Chin Human Rights Organization and Christian Solidarity Worldwide, and an expert declaration all of which served to corroborate our client’s claims of mistreatment at the hands of the Burmese military regime.  This time, the immigration judge ruled in our clients favor.

We are pleased to report that the immigration service has approved an extraordinary ability petition we filed for our client Tito Perez who is one of the most celebrated tennis coaches in Bolivia. Perez started his coaching career as the Director of one of Bolivia’s elite tennis schools, the Cochabamba Tennis Club. He ascended the ranks of the Bolivian tennis circuit quickly, ultimately taking over one of the most prestigious tennis academies in Bolivia and becoming the country’s leading Tennis Coach. Mr. Perez has obtained countless certifications as a Tennis Coach from such distinguished institutions as the Olympic International Committee, the International Tennis Federation, the Bolivian Tennis Federation, the South American Tennis Federation, and the Professional Tennis Registry, among others. Due to his outstanding talent and leadership, he was asked to be the Coach of Bolivia’s Men’s Tennis Team which competed at the VIII South American/ODESUR Games, an Olympic-cycle event, held in Buenos Aires, Argentina in 2006. In addition, Mr. Perez served as the Bolivian Team Coach in tournaments hosted by the South American Confederation of Tennis during 2005. We congratulate him on his accomplishments and look forward to him becoming a lawful permanent resident here in the United States.

An immigration judge in Miami granted political asylum to one of our clients who was a student activist in Venezuela. Our client was a member of the political party Primero Justicia.  She participated in numerous demonstrations and marches against the government of Hugo Chavez and helped collect signatures needed to activate the presidential recall provision provided for in the 1999 Constitution adopted by the new Chavez government. She designed a database used by various opposition groups to collect the names and addresses of university students and other members of various communities to predict numbers of eligible voters.  She worked as an election supervisor and observer for Primero Justicia and she also worked closely with SUMATE, another opposition-aligned voter rights organization, whose members have been brutally repressed by the Chavez government and its supporters. She frequently found herself among groups violently attacked by Circulos Bolivarianos and other government sympathizers. She witnessed her brother being severely beaten and a friend shot in the arm at a demonstration. She was brutally attacked and beaten after attending a mock election by two men who accused her of being against the government. Since our client left Venezuela in June, 2005 the government and its supporters have intensified their campaign of repression against individuals engaged in opposition activities.

By presenting evidence of the foregoing, we were able to establish in court that the mistreatment our client suffered was inflicted by the Circulos Bolivarianos, and members of other groups supported and controlled by the Venezuelan government. We also established that the harm she suffered rose to the level of persecution within the meaning of the law and that she has a well-founded fear of future persecution should she return to her country. We are happy she is safe and sound in the United States and hopes she keeps up the good fight from here.

Congratulations to Alain Castoriano! We just received word that USCIS approved his petition for permanent residency as a creative director of extraordinary ability. Alain is one of the top creative directors in France and Europe. He has designed and branded advertising campaigns for some of the world’s most elite companies, including Christian Dior, Piaget, Guerlain, Apple Inc., Virgin Records, Burger King, AOL France, Lacoste, Renault, Jessica Simpson Perfumes, and Kodak. Alain studied at the Ecole Nationale Supérieure des Arts Décoratifs in Paris, France. He received his degree in visual communication. Since first entering the field in 1976, Alain has worked his way up from the positions of graphic designer and junior art director to the lead creative director for the world’s #1 international trend forecast advertising agency, Promostyl, where he served for seven years. He also served as the Art Director for France’s iconic fashion magazine, Jardin des Modes for three years.  Alain’s expansive knowledge of fashion and advertising has made him a much sought-after lecturer in this field. He has been recruited by the top artistic universities in Paris such as the Ecole de Communication Visuelle and the Institut International du Multimedia to serve as a lecturer and professor so that he may share his exceptinal skills and experience with young designers.   Alain has received national and international prizes and awards  for his work.   He is presently serving as the creative director for an innovative and unique project called “I am a Vagabond” which consists of a collection of stories and photographs taken by homeless people across the U.S.   The “I am a Vagabond” project is comprised of three main components: the website, the exhibition, which will tour museums and universities, and the 300 page, large format photographic book which will chronicle, in detail, the photos taken by homeless individuals around the country. The project is the brainchild of William Edwards, a Grammy and Emmy Award winning producer. The Vagabond Project has paired up with the Art Museum Partnership to display the exhibition and promote the book. The Art Museum Partnership boasts over 500 art museums as members of its organization. Beginning in 2009, upon completion of the companion book, the “I am a Vagabond” project will be exhibited in hundreds of major museums across the U.S.

We wish Alain the best of luck with this an his other projects and will be following him closely as he makes his mark here in the United States.

Congratulations to Helio Castroneves, the reigning Indy500 Champion! USCIS recently approved Castroneves’ EB-11 Petition for classification as a Race Car Driver of Extraordinary Ability. He filed his petition using the USCIS Premium Processing service and received his approval in less than 15 days from the date of filing! Castroneves is one of the world’s greatest race car drivers, having won the Indianapolis 500–the premier event in IndyCar Racing–three times: in 2001, 2002, and most recently in 2009. During his ten year career on the IndyCar Racing circuit, Castroneves has won countless races and pole positions. He has been featured in the nation’s leading publications such as the New York Times, USA Today, the Washington Post, the Miami Herald, Sports Illustrated, and People, among others. Castroneves has had much success off the track as well. In 2007, he competed in the fifth season of the acclaimed ABC television series Dancing With the Stars. Castroneves, the star race car driver, and his professional dancing partner, Julianne Hough, won the coveted mirror ball trophy becoming the Season Five Champions. We congratulate him on all of his accomplishments on and off the track and wish him luck in his upcoming IndyCar races.

Congratulations to Andre who finally received permission to travel to the United States after more than 9 years of being found inadmissible.  In 2001, US authorities declared Andre to be inadmissible after they learned that he had pled guilty many years ago in Germany to charges of corporate bribery and tax fraud.  Since then, US immigration authorities have also denied him entry on the grounds that they suspect he intends to immigrate to the United States.  Andre and his family have a vacation home in Florida and had been coming here for years.  They have many friends, all of whom were dismayed when he was refused admission.  With their support, and the support of his wife and children, we worked for more than one year to convince the consular officials that he is remorseful; that he has paid his dues to society, that he has substantial business and family ties to Germany and no interest in immigrating to the United States.  We finally succeeded.  The immigration authorities approved his application for a tourist visa and waiver of inadmissibility and he is planning to travel to the United States for a well deserved vacation.

We are happy to report that an immigration judge in Miami, Florida granted an application for political asylum that we filed on behalf of a client from Burma.  Cing is a member of the Chin ethnic tribe.  She is a practicing Christian as are most members of the Chin ethnic community.  In 1988, military authorities in Burma killed her father after he left his post as a village chief to lead members of his community in widespread protests that broke out across Burma to oppose the military rulers then in power.  He was one of thousands of people killed after the government sent in soldiers to suppress the demonstrators.  Members of the army harassed Cing’s mother for years after that, coming to their home demanding food and livestock and other material possessions. 

Cing’s brother was killed some years later. Shortly thereafter, Cing’s mother fled with her children to India where the rest of her family remains. Cing eventually made her way to the United States and requested political asylum.  We presented evidence to the court that conditions in Burma have not changed since Cing’s family left. The military government continues to persecute the Chin people on the basis of their ethnic identity.  They continue to target Christians for harassment and abuse.  Anyone with past or present involvement in politically opposing the military government or affiliation with political opponents or ethnic opposition forces is subject to severe reprisals.  We presented evidence that Cing, given her ethnicity, her religion and her status as the daughter of a protest leader who was killed for his activities, would be singled out and subjected to almost certain humiliation, detention, physical violence and even death.  The immigration judge agreed.  Cing is tremendously relieved and has determined to dedicate as much time as she can to helping other Burmese refugees who are trying to rebuild their lives here in the United States.  We are awed and inspired by all that she had endured and know that she will flourish now that she does not have to worry about her immigration status. We wish you all the best Cing.

Congratulations to Steven, our newest permanent resident of the U.S.! After being separated from his U.S. citizen wife and three year old daughter for the past two years, Steven’s immigrant visa and I-601 and I-212 waivers were finally approved last Monday by the U.S. Consulate in Port-au-Prince. Steven will now enter the U.S. as a legal permanent resident. Steven’s journey to residency began ten years ago when he fled Haiti for the U.S. in fear of his life. Steven and his family applied for political asylum; however, his application was denied by an Immigration Judge in 2000. Steven appealed the decision to the Board of Immigration Appeals who affirmed the Immigration Judge’s denial and ordered him deported. At the time, Steven still feared for his life in Haiti because of his former political ties. For that reason, he did not leave the U.S. after receiving his final order of deportation. A few years later, Steven met his wife Lynn and the two were married in January of 2005. A year later the couple gave birth to a beautiful baby girl named Michelle. Lynn filed a relative petition on behalf of Steven which was approved in late 2006. In late 2007, Immigration and Customs Enforcement arrested Steven on the grounds that he had been previously ordered deported and removed him to Haiti. Since then, Lynn and Michelle have struggled to get Steven back to the U.S. to be reunited with his family. After Steven’s removal, the couple retained our office to help Steven finally receive his residency. Our office worked on having Steven’s residency processed through the Haitian Consulate. After having his approved relative petition forwarded to the National Visa Center, Steven was finally called for an interview at the Consulate in Port-au-Prince in May 2009. Because Steven had resided unlawfully in the U.S. for more than one year, he was required to file an I-601 waiver and show extreme hardship to his U.S. citizen wife. Steven was also required to file an I-212 waiver because he had been previously ordered deported. Our office was able to evidence the extreme emotional and financial hardship that Lynn and Michelle have suffered since Steven’s deportation. After waiting four months for a final decision on his waiver applications, Steven was informed last week that his waivers were approved and that he could come back to the U.S. to be with his beloved wife and young daughter. Steven is currently in the process of making travel arrangements to reunite with his family and to come live in the U.S. permanently. Congratulations to Steven, Lynn, and Michelle as Steven’s ten year journey to become a resident has finally resulted in a happy ending for the family!