Issue:        Angel entered the United States from Mexico in 1994 as a lawful permanent resident. In 1998, he suffered a traumatic brain injury in a work-related accident.  He has been permanently disabled since that time. The traumatic brain injury caused Angel to experience certain personality changes, including behavioral excesses and impulsivity. At one point, these behaviors led to an altercation with his girlfriend and a domestic violence conviction. The conviction led to detention and removal proceedings.

Solution:      We represented Angel before the immigration court both at the Krome Detention Center, before he was released, and at the court in downtown Miami.  We first obtained his release from detention, with a bond,  over the government attorney’s objection.   We did this by assuring the immigration judge that we would coordinate efforts to treat our client’s mental health issues. We had our client attend counseling and undergo several psychological evaluations with a view to obtaining treatment recommendations.  We made sure he saw a doctor who would evaluate the medications he as taking for appropriateness. To appease the government attorneys, we also eventually agreed, with our client’s consent, to have him placed in the supervised release program.

We attended two individual hearings to argue for his eligibility for cancellation of removal. We provided evidence that Angel would have been unable to live alone in Mexico.   He is severely disabled and unable to work.  He lives with his parents here in South Florida. All of his family members, including his five brothers and sisters live in South Florida.   He does not have any close relatives in Mexico.   He requires frequent medical attention and therapy.   Finally, at a second hearing the immigration judge granted Angel’s application for cancellation of removal and thereby preserved his resident status.

Removal proceedings may have been the best thing that has happened to Angel as we were able to help him address certain mental health issues that, to date, had gone untreated. We wish him the best of luck as he continues his recovery.

Issue:  Angel, a Venezuelan national, fled Venezuela in 2005 seeking political asylum in the United States.   In June of 2008, Angel came to our office after his application for political asylum had been denied by the Immigration Judge and again denied by the Board of Immigration Appeals.   The denial of Angel’s asylum application had left him with a final order of deportation, barring him from obtaining resident status in the United States.  

Solution:    In August of 2008, Angel married his then-girlfriend, Ivon, a lawful permanent resident of the United States and a Cuban national.    In March 2009, our office assisted Angel in filing an application for permanent residency under the Cuban Adjustment Act as a spouse of a Cuban national.   However, because Angel had previously been ordered deported, he remained ineligible for his residency unless his case could be reopened with the Immigration Court and the final order of deportation removed from his file.   In April 2009, our office filed a Joint Motion to Reopen with the Office of Chief Counsel, the attorneys for the government, requesting that the government agree to reopening Angel’s case so that he could become a U.S. resident based on the marriage to his Cuban wife.    Despite repeated efforts from our office to obtain a decision from the government, Angel’s motion remained pending with the government attorneys’ office for an extended period of time.    In the meantime, Angel’s ex-wife and his 10 year old son were granted political asylum in the United States, furthering Angel’s desire to remain in the United States with his wife and family.   Finally, in December 2010, the government agreed to join in the motion to reopen Angel’s removal proceedings.   Shortly thereafter, the Immigration Judge granted the Joint Motion to Reopen and scheduled Angel for a Master Calendar Hearing in March of 2011.  

On March 17, 2011, we attended the Master Calendar Hearing with Angel and informed the Immigration Judge that Angel was immediately eligible for his residency under the Cuban Adjustment Act.   As Angel had been waiting more than two years for his residency, we requested to move forward with the case as expeditiously as possible.    The Immigration Judge provided us with an Individual Hearing date of March 23, 2011, only six days following the Master Calendar Hearing.   We are happy to announce that the Immigration Judge approved Angel’s application for permanent residency at the Individual Hearing.   After waiting nearly three years for his residency application to be approved, Angel has now become the newest lawful permanent resident of the United States.    Finally, after more nearly six years in this country and a long and winding journey through the immigration court process, Angel has obtained permanent legal status in the United States.   Congratulations to Angel and his family!

This month USCIS approved the extension of Oriano Galloni’s O-1 visa petition as a Sculptor of extraordinary ability. We recently paid tribute to Oriano’s magnificent sculptures in our January 2011 Newsletter. USCIS has again recognized that Oriano continues to be one of the world’s leading marble sculptors. Galloni’s innovative sculptures, some of which reach heights of more than 17 feet tall, have earned the attention of world-class museums like the Guggenheim and the Whitney in New York City. Galloni was something of a prodigy, having started his artistic career when he was 8 years old. He graduated from the Academy of Fine Arts in Carrara in 1992, and shortly thereafter was invited to exhibit his work in the prestigious Gallery Bruschi in Florence Italy. It was the first time in the gallery’s history that it agreed to exhibit such a young artist. Since then, Galloni’s works have been displayed extensively in his native Italy, and in Germany, South Africa, London and the United States. To learn more about Oriano Galloni and his work please visit http://lorianogalloni.com.

Issue:

 Olga*, a Mexican National, came to our office with her U.S. citizen husband, Luis, after they had received a Notice to Appear at the Immigration Court for Olga’s deportation proceedings. Luis* had previously filed an I-130 marriage petition on behalf of his wife as well as an application to adjust her status to lawful permanent resident. Because they were not represented by an attorney, the couple was unaware that Olga was ineligible to adjust her status in the U.S. because she had entered the U.S. illegally in 1997 across the Mexican border. The immigration service approved the I-130 petition, but denied Olga’s residency application. A few months later, the immigration service put her in deportation proceedings.

Solution:

 Because Olga had resided continuously in the U.S. for more than ten years, had never been convicted of any crimes, and had qualifying relatives (her U.S. citizen husband and lawful permanent resident parents), she was eligible to apply for cancellation of removal.
Outcome:

Olga’s husband, Luis, has a great job working for the county government as a mechanic on emergency vehicles such as ambulances and fire trucks. Due to his wife’s potential deportation, Luis began to experience depression and a loss of concentration and attention at work – very dangerous for someone who works with heavy equipment and machinery. In addition, Luis was extremely worried about his wife returning to the rural region of San Luis Potosi, Mexico – her hometown – which is currently controlled by a powerful Mexican drug cartels. Olga also suffers from a painful reproductive disease which, if not treated properly, would lead to her infertility. As her husband 

Luis has dreamed of having children his whole life, we were able to show that the lack of proper medical care in Mexico for his wife would be a hardship to him if she became infertile. Lastly, Luis comes from a close-knit Puerto-Rican family; all of his immediate and extended family members were natural born U.S. citizens. Luis has never been apart from his family in the U.S. and has no ties to Mexico; in fact, he has never been there. The judge found that our office established exceptional and extremely unusual hardship to Luis in the event of Olga’s deportation when taking into account the combined effect of all the hardship he would suffer. We are happy to announce that Olga was granted her lawful permanent residency at the hearing and she and her husband are now planning on turning some of their dreams into reality. They will soon be purchasing their first home and starting a family together. Congratulations Luis and Olga!

*Please note that client’s names have been changed for their confidentiality

Issue: A Colombian client who obtained asylee status through her husband was unable to apply for lawful permanent residence because she had since divorced her husband. She was still an asylee, but could not become a resident without filing her own application.

Solution: We helped this client file an application for asylum requesting nunc pro tunc (back to an earlier date) approval.

Outcome: USCIS approved her request for asylum with a date of May, 2007 which was the date of her original arrival in the United States pursuant to an approved asylee relative petition (I-730). Our client is already eligible to apply for lawful permanent resident status because she has been physically present for a period of one year after the date she was granted asylum status — 2007.

Issue:

Viviana*, a Peruvian national, came to our office after receiving a letter from USCIS denying her residency application based upon her marriage to a U.S. citizen. Viviana informed our office that she had not appeared at her second residency interview because she had separated from her husband and her marriage was over. Soon after, she received a Notice to Appear at the Miami Immigration Court for removal proceedings. She was extremely scared to return to her native Peru because she is HIV+ and feared that she would not be able to access high-quality medical treatment there. She also has an 11 year old daughter who was born in Florida as a U.S. citizen and who suffers from serious health problems as well Viviana was concerned that her daughter would not adapt well to Peru.

Solution:

Because Viviana has lived in the U.S. for more than ten years, had no criminal record, and has a qualifying relative – her 11 year old daughter, she was eligible to apply for Non-Lawful Permanent Resident Cancellation of Removal and Adjustment of Status in her court proceedings. At her court hearing, our office was able to prove that Viviana’s 11 year old daughter would suffer exceptional and extremely unusual hardship, a very high burden of proof, in the event of Viviana’s deportation to Peru. We demonstrated that the combination of Viviana’s family ties to the U.S., lack of family or financial support in Peru, lack of access to adequate medical treatment in Peru in conjunction with her HIV status and her daughter’s severe asthma rose to the level of exceptional and extremely unusual hardship.

We are happy to announce that Viviana received her lawful permanent residency at the hearing and may remain in the U.S. where she can continue to have access to high-quality medical treatment for her HIV and live a happy and healthy life with her family.

*Please note that the client’s real name has been changed for her confidentiality.

Congratulations to Italian Tennis Player, Stefano Ianni, for the recent approval of his P-1 visa as a Professional Tennis Player.

Issue:  

Ianni has been traveling back and forth between the U.S. and Italy on a B-1 visitor’s visa, competing in ITF Futures tennis matches on the Men’s Professional Circuit in the U.S. In the beginning of 2010, while playing in Futures matches in South Florida, Ianni achieved his career-high ATP rankings as a Professional Tennis Player. Having so much success playing in Florida, Ianni came to our office to inquire about obtaining a different type of visa so that he could live, train, and play in South Florida without any restrictions.

Solution:  

Our office worked with Ianni to find a reputable organization to sponsor him for a P-1 visa which allows professional athletes who are “internationally recognized” to obtain visas to compete in the U.S. for up to five years. USCIS approved Ianni’s P-1 visa in less than two weeks from the date of filing. Ianni has a career-high ATP ranking of #300 in Men’s Singles and #284 Men’s Doubles Tennis in the world. He is currently ranked in the 400s in both Singles and Doubles tennis. Ianni will be playing tennis and training in the sunny climate of South Florida in hope of climbing the ATP rankings. He is sponsored by Australian USA, the U.S. branch of the popular Italian sportswear company, Australian by L’Alpina. Ianni will compete in ITF Futures and ATP Challengers matches around the U.S. We wish Stefano Ianni the best of luck in improving his ATP rankings!

Issue

On November 15, 2010 we were contacted by a long-time corporate client who wished to employ an Italian national in a cap subject H-1B position. The company had recently established a new women’s luxury fashion jewelry and accessories brand and had selected the beneficiary to head their operations.

With this petition we faced several challenges:

Our client was eager to have the beneficiary begin employment as soon as possible and also to file quickly in order to secure an H-1B visa number for this fiscal year.

While the parent company had been established for many years, the new brand was small and in the process of being established.

The beneficiary did not have a bachelors degree, foreign or domestic which is a requirement for H-1B visas.

Solution 

Our team worked quickly and closely with both the client and the beneficiary to understand the new business, the proposed job duties, and the beneficiary’s experience. Based on these close communications we determined the most appropriate job title for the new employee would be Brand Manager. Once having determined that he would be the Brand Manager, we put together a composite of his job experience and training to establish that he had the equivalent of a US bachelors degree in Business Administration. Having established these details, we prepared an extensive petition with supporting documentation about the company/petitioner, the position, and the beneficiary.

Given the client’s eagerness to have the beneficiary begin employment as soon as possible, we urged the client to file for Premium Processing which would ensure a decision within fifteen days.

We filed the petition on November 30, 2010 and six days later USCIS approved the petition.

By working closely together and forming an effective partnership we were able to meet the client’s needs and produce a positive outcome for the client and the beneficiary within a very limited time-frame.

We are please to report that the Department of Labor has greatly improved processing times for some applications for alien labor certification. We recently filed an application on behalf of a company seeking to hire and operations research analyst. The application was approved in less than 6 weeks. Past applications have been lingering for years. Employers who hire foreign nationals and anticipate adding employees in the next few years should consider petitioning for those employees now. By filing an application for alien labor certification, and employer establishes the priority date and the employees place in line for a green card. Even with the improvement in DOL processing times, it will take at least 3 years to obtain residency for the average employee. Given that the US economy is slowing improving and that employers are starting to hire again, it will behoove US companies to file these applications and establish their employees place in line. If you would like more information about the labor certification process, please call our office to schedule a consultation.

In the month of September 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 criminal convictions, our clients were able to apply for relief pursuant to former section 212(c) of the Immigration and Nationality Act, otherwise known as a 212(c) waiver. 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 our clients to present evidence of their lengthy residence in the United States, their extensive family 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 hearings and had our clients practice their testimony. In the end, our hard work paid off and both clients’ applications were granted. Their greencards were returned and they can go on with their lives as lawful permanent residents of this country.