Family Reunification Despite Prior Fraud

dreamstime_m_1535576Prior fraudulent actions are not easy to overcome.  But they are not impossible either.  RMZD is proud to tell you about our client who was granted a waiver for his entry to the U.S. under an assumed name.

Erwin waited 13 years to clear his name. On July 18, 2012, San Francisco Immigration Judge Marilyn Teeter granted him a waiver and a green card which opened a new world for Erwin. Reeves & Associates proved to the court that Erwin has good moral character, works hard, is dedicated to his family, and he is a man that the United States of America should be proud of. Instead of being deported, Erwin will now receive his green card and fulfill his dream of remaining with his wife and daughter in the United States without fear of deportation.

Erwin entered the United as a tourist in 1998 using an assumed name. Erwin’s family hired an agency to obtain his tourist visa. In 1998, he met Minerva, a United States citizen. They fell in love and were married in 1999. They hired an attorney to represent him for an immigrant visa petition and adjustment to permanent resident status (green card). Erwin admitted that he used an assumed name in entering the United States. At their interview, USCIS District Office required Erwin to submit a waiver which was later denied.

Subsequently after hiring five different immigration attorneys, and spending tens of thousands of dollars in lawyers’ fees over the course of 10 years, Erwin lost hope that he would ever be allowed to stay in the U.S. His waiver was denied four different times by the Immigration Service and denied by the appellate offices. He finally decided to hire Reeves and Associates to represent him. Attorney Flomy Javier Diza, a partner and supervising attorney of the San Francisco office personally handled his case.  He renewed Erwin’s adjustment of status application and waiver application in court.  Atty. Diza skillfully prepared Erwin’s case and presented substantial evidence supporting a waiver. Attorney Diza submitted evidence detailing his wife, Minerva’s hardship if Erwin was removed from the United States and all of Erwin’s positive factors to demonstrate the favorable merits of his case.

In order to obtain a waiver for a fraudulent or a material misrepresentation, a high level of proof is required to establish that the qualified relative will suffer extreme hardship. Attorney Diza acknowledges USCIS’ aggressive enforcement procedures and high denial rate. Attorney Diza presented a well documented case on behalf of the family, who has strong family ties to the United States. While the burden of proving exceptional and extremely unusual hardship is often difficult, Attorney Diza believed that by presenting the compelling facts of this case and based on the experience of Reeves & Associates, he believe R&A could win Erwin’s case.

After more than 13 years in the United States, Erwin is very happy that his immigration nightmare has finally come to an end. He said “the best decision I ever made was to hire Reeves & Associates to represent me.” Atty. Diza commented:  “Attorneys deal with clients whose entire future depends on the outcome of our work. That’s why at Reeves & Associates, we provide every client the best representation anywhere in United States.