By Reeves Miller Zhang & Diza
A very wise person once said that we look back in order to go forward. Here at RMZD, as we approach the end of 2016, we look back to some of our achievements to inspire us in the coming year. Being able to help our clients out of difficult situations reinforces in each of us why we became lawyers in general and immigration lawyers in particular. If we have not already done so, perhaps next year we will be able to help you. The names of our clients have been changed to protect their privacy.
About a year ago, Mr. Roads’ family was frantic when they reached out to us. He was seeking asylum because of the persecution he had experienced in his home country. However, he was detained by Immigration and Customs Enforcement and was mere hours away from being deported. His travel documents had already been completed by his home country and the flight plan was confirmed. Thanks to our quick action and the strength of our arguments, RMZD was able to halt Mr. Roads’ deportation. His flight plans were cancelled and Immigration and Customs Enforcement officers reexamined the case. Shortly thereafter, RMZD secured Mr. Roads’ release from detention and united him with his family here in the United States. We continue to fight for his cause and look forward to winning his asylum case.
We are especially proud of having been granted a humanitarian reinstatement request. Andrea and Bob have been living in the San Francisco Bay Area for over a decade. They came to the United States to visit family, but overstayed their visas to care for Andrea’s elderly mother, who suffers from several medical problems. Andrea’s US citizen father had previously filed an immediate relative petition for his daughter, but sadly passed away before the priority date became current. Because immigration law specifically states that an approved petition is revoked when the petitioner dies, Andrea and Bob and their families were convinced that they had lost their chance to be able to live lawfully in the United States. They thought they would talk to a lawyer to see if there was any way they could achieve their dream. Thankfully, they came to us.
With the assistance of our office, however, they were able to utilize an exception to the rule. We concurrently filed for reinstatement of the approved petition and their respective adjustment applications at the end of August 2016. Andrea’s 100-year old lawful permanent resident mother acted as the substitute sponsor for their affidavits of support. The arguments for reinstatement were successful, and Andrea and Bob received their work authorizations and the reinstated approved petition just in time for the holidays. Andrea and Bob are eagerly waiting for an adjustment interview to be scheduled by the local office. They are confident that by next year at this time, they will be lawful permanent residents and will be on their way to ultimately becoming citizens of this great country.
Rudy walked into our office one sunny day and asked if he was eligible to apply for his green card. He said that his mother was a U.S. citizen and that she filed a petition for him, but he was afraid that he was not eligible since he had entered the U.S. with a Filipino passport with an assumed name. We immediately informed Rudy that he was indeed eligible to apply for his green card, but that he would need a waiver of his fraudulent entry to the U.S. Unfortunately, Rudy’s mother passed away while his application for a green card was pending. Rudy was terrified that his application would automatically be denied because his mother was his petitioner and sole qualifying relative for the waiver. However, despite his mother’s death, we are proud to say that Rudy still received his green card shortly after his mother’s death. We were able to show the U.S. Citizenship and Immigration Service that Rudy remained eligible for his green card because of his residence in the U.S., his mother’s poor health before her passing and her reliance on Rudy. It was a long and stressful process for Rudy but it had a joyous ending. He is no longer afraid of hearing that dreadful knock on the door and he looks forward to being able to apply for US citizenship.
Next week, more stories that made us glad we were able to help!