The following are summaries of different types of cases that we have handled at Yañez Immigration Law. Keep in mind that no two cases are alike and we cannot guarantee the outcome of any case. Please speak with an immigration attorney prior to proceeding with your case.
Adjustment of Status Pursuant to INA §245(i)
From deportation order to green card
Like so many others, our client fled from El Salvador in the1990s. Upon arriving to the United States she went to a notary who promised her that he could get her a work permit. Unfortunately, the notary never told anyone that he was filing asylum applications in order to get the work permits. Unable to read or write English, our client signed an application prepared by the notary and received her work permit a few months later. She later moved to a different state and never thought anything about the application she had filed. Years later she was shocked to learn that she had a deportation order. When she failed to appear for her asylum interview she was referred to the immigration judge for deportation proceedings. Since she did not appear in immigration court she had been ordered deported in absentia (in her absence.) Luckily her sister, a U.S. citizen, filed an I-130 Petition for her before April 30, 2001, which made her 245(i) eligible. Attorney Yañez filed a motion to reopen her deportation proceedings and a motion to terminate. The immigration judge granted the motions and our client was able to obtain her green card after waiting for many years. Shortly after her case was approved she was able to visit her family members in El Salvador whom she hadn’t seen for 18 years.
Asylum Approved for a Woman Fleeing Religious Persecution
After enduring years of persecution because of her Christian faith, our client came to the United States to stay with relatives. Like many people who are forced to flee their homes, she planned on staying temporarily in the U.S. until things improved in her native Egypt.
Unfortunately political unrest and violence surged and she was unable to return home. We were able to help her obtain asylum in the United States by showing that she had a well-founded fear of persecution based on her religion and that her country’s government could not protect her from harm. Now she is able to live peacefully in the United States thanks to her new lawful status.
Cases for LGBT Couples
In June 2012, the Supreme Court made a historic decision and ruled that the Defense of Marriage Act (DOMA) was unconstitutional. Thanks to that decision, LGBT couples now receive the same treatment when it comes to immigration law. Our office is pleased to represent same-sex couples and their families on immigration issues, including I-130 Petitions, green card cases and illegal presence waivers.
Green Card Process After Marriage to a U.S. Citizen
A “Simple” Case with a Happy Ending
When it comes to immigration, there is almost no such thing as a “simple” case. Every case presents its own challenges and issues so it is always best to consult an attorney before filing any type of petition or application. In one case, a U.S. citizen and her husband came to visit our office after their I-130 Petition had been denied. They had filed on their own believing that the process would not be too difficult. Unbeknownst to them, the husband’s divorce from his previous spouse had not been finalized until after his current marriage, which meant that they weren’t legally married when they filed the I-130 Petition. They were disappointed and upset over the amount of time and money that they had lost.
I advised them that they needed to get married again and they did so. We filed a new I-130 Petition on his behalf and, because he entered the U.S. lawfully, we were able to apply for his green card at the same time. At their interview the officer approved the case on the spot and our client is now enjoying his status a permanent resident of the United States.
I-601A Provisional Waiver
A Wife and Mother No Longer Has to Live in Fear
After helping my client become a U.S. citizen, we promptly filed an I-130 Petition for his wife, who had entered the United States unlawfully. Because she entered without a visa, we had to prove that her U.S. citizen husband would suffer extreme hardship if her case was not approved. Her waiver was approved and she took a brief trip to the U.S. Consulate in Ciudad Juarez to obtain her immigrant visa. She is now residing happily with her husband and children in the United States. She is now able to work and travel and no longer has to live in the shadows.
Naturalization with Criminal History
From Years of Immigration Woes to a Proud U.S. Citizen
Many immigrants do not realize that one criminal charge can have drastic consequences for their immigration cases. One client came to our office after his naturalization application had been denied not once, but twice. The first time he applied he did not understand the officer’s questions during the interview and did not answer correctly. This resulted in a finding that he had lied to the officer and his case was denied. More than five years later he applied again on his own, only to be denied this time due to a criminal conviction that was more than a decade old. After meeting with him Attorney Yañez explained that he was not eligible for naturalization and was in fact subject to deportation due to the criminal conviction, even though it had happened when he was a teenager. The client, who was now married with children and enjoying a successful career, couldn’t believe that one mistake could follow him around for the rest of his life. Attorney Yañez worked closely with a criminal defense attorney who was able to have the criminal conviction vacated on constitutional grounds. After months of preparation and hard work, our client was approved and sworn in as a citizen of the United States as his family cheered him on.
Removal Defense and U Visa
Removal Proceedings Terminated for a Father of Four
After being stopped for a traffic offense, our client was turned over to immigration authorities and placed in removal proceedings. His family spent their life savings to pay his bond instead of using it for a down-payment on a house, as they were planning to do. After his release Attorney Yañez consulted with his family and learned that one of the family members had been the victim of a very serious crime. We obtained a certification from the law enforcement agency that investigated the crime confirming that his wife had assisted with their investigation and had suffered as a result of the crime. We filed a U visa for his wife and included him as a dependent. Their U visa cases were approved and we were able to terminate his removal proceedings. Now he and his wife have lawful status in the United States and new hope for the future. Their bond money was returned and they are in the process of looking for their new home.
SIJS (Special Immigrant Juvenile Status)
SIJS Provides a New Life for a Young Woman from Central America
Our client fled from Central America when she was only 16 years old. She was detained by immigration officers when she tried to enter the United States and placed in removal proceedings. Attorney Yañez represented her in state court and obtained a custody order from the family court judge showing that she was eligible for Special Immigrant Juvenile Status (SIJS). With extra hard work and dedication we were able to file her case just one day shy of her 18th birthday. Attorney Yañez also represented her in immigration court and was able to have her removal proceedings terminated. Finally, Attorney Yañez accompanied her to her green card interview at the local USCIS office. The interview went well and she was approved on the very same day. Now she will have a life of opportunities in the United States instead of living in the shadows.
After tragedy comes hope
We represent many clients in U visa cases, which allows victims of certain crimes to obtain lawful status. In order for USCIS to grant U status, the applicant must prove that he has been a victim of a qualifying crime, that he has suffered substantial mental or physical harm as a result of the crime, and that he was helpful to the authorities who investigated the crime.
After living through tragedies such as armed robberies, sexual assault, domestic violence, and even attempted murder, our clients are able to start a new chapter in their lives after their cases are approved and they have legal status in the United States.
VAWA (Violence Against Women Act)
A Victim of Domestic Violence Learns to Smile Again
At the urging of one of her friends, (one of our former clients), a woman scheduled a consultation with our office to see if she had any way to obtain lawful status in the United States. Her U.S. citizen husband had abused her physically and mentally for several years and threatened her with deportation if she ever reported him to the authorities. She made the bold decision to leave her husband and obtained a restraining order. She was the sole provider for her two young children, often working 10-12 hours per day to try to make ends meet. Attorney Yañez met with her and explained that the U.S. immigration laws were designed to protect people who have been victims of domestic violence. We prepared and filed her VAWA petition and green card application with extensive evidence of the abuse that her husband had subjected her to.
A few months later Attorney Yañez accompanied her to her interview and the USCIS Officer approved her case the very same day. She was beaming with pride as we walked out of the USCIS office. Now she will have the opportunity to go to school and pursue a career. Most importantly, she and her children now have a stable life and a happy home thanks to her courage and her new lawful status as a permanent resident of the United States.
Parole in Place:
Parole in Place is a program that allows spouses or parents of members of the United States Armed Forces to begin the process of becoming a permanent resident in the United States. In most cases, a person who has entered the United States without a visa is unable to obtain permanent resident status in the United States. The Parole in Place process allows these family members to complete their cases within the United States to ensure that the men and women who are serving our country do not have to worry about the immigration status of their loved ones. Our office is able to assess whether a person is eligible for this type of case and assist them with this filing at our local USCIS offices.
If you are a current or former client and would like to share your story on our website, please let us know.
The following are summaries of different types of cases that we have handled at Yañez Immigration Law. Keep in mind that no two cases are alike and we cannot guarantee the outcome of any case. Please speak with an immigration attorney prior to proceeding with your case. Read More...
2007 Boulevard Street Suite C Greensboro, NC 27407
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