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Posts Tagged ‘Virginia’

Adjustment of Status to Lawful Permanent Resident Approved for Mother of US Citizen in Virginia

August 22nd, 2013 No comments
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We finally received an I-485 approval for one of our clients in Virginia. She entered the US on the Visa Waiver Program in late 2012. Once she arrived, her daughter decided that due to her age and increasing medical complications she should not return to her home country. The daughter contacted us to help with the adjustment of status process. We began preparing the packet for filing, but, because we still needed some documents we were unable to file the adjustment of status application and visa petition before the mother’s visa waiver authorized stay expired.

We filed the I-485 packet with USCIS within a month of the expiration of her authorized stay. In Orange County and Los Angeles, adjusting status for the immediate relative of a US citizen is not problematic even if the alien has overstayed on the visa waiver program. In San Diego, it is problematic. Because I had never handled a VWP overstay adjustment in Virginia, I was unsure how the local USCIS office would proceed with the issue. I spoke with several local attorneys and most of them admitted that they had never dealt with a VWP overstay adjustment. Others said it could be problematic.

For the interview, we hired local Virginia counsel to attend. I found an AILA Infonet document that discussed the reasons why VWP overstays should be eligible to adjust status at any time before removal proceedings and asked the local counsel to bring it with him. Additionally, I had him bring medical records for the mother to show that her medical problems were serious and forcing her to return to her home country could have serious adverse health effects.

At the interview, the officer did not question the VWP overstay issue and advised that he intended to approve the case; however, he did not provide an approval notice. This worried me to some degree, because I’ve had several officers tell me everything was fine and they just needed to get the supervisor to sign off on the case before officially approving it. Then, we receive a denial. I think some officers want to avoid a debate so they say they intend to approve just to get us out of the office.

In this case, we received the approval notice about six weeks after the interview. My client and her daughter were very pleased with the outcome. They are relieved that the mother will not need to return home to process the case at the consulate. The daughter can care for her mother and make sure she is happy and safe.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will help you better understand the process and assess your options.

More GOP States Introduce Costly Anti-Immigrant Laws in 2012

February 3rd, 2012 No comments
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Despite the devastating consequences of state immigration laws in Alabama and Arizona, legislators in other states have introduced similar enforcement bills this year. Legislators in Mississippi, Missouri, Tennessee and Virginia introduced an array of costly immigration enforcement bills in their 2012 legislative sessions—some which are modeled on Arizona’s SB 1070. While study after study continues to document how these extreme state laws are costing state economies, disrupting entire industries and driving communities further underground, state legislators clearly aren’t getting the message.

Last month, legislators in Mississippi introduced a slew of anti-immigrant bills. State Senator Joey Fillingane, for example, introduced SB 2090, a bill which requires police to check the immigration status of anyone they reasonably suspect is undocumented, makes it a crime to fail to carry proper immigration documents and a crime to harbor or transport an undocumented immigrant, and a misdemeanor for an undocumented immigrant to apply for or solicit work. Both the Mississippi House and Senate passed different versions of this bill, but are expected to hammer out one bill to send to Governor Haley Barbour’s desk for a signature soon.

In Missouri, state Senator Will Kraus recently introduced SB 590, a bill which requires police to determine the immigration status of individuals they reasonably suspect are unauthorized and makes it a crime not to carry immigration documents. Missouri’s bill, like Alabama, however takes the law a step further by requiring schools to verify the immigration status of enrolling students and their parents. Remember that the U.S. Department of Justice blocked a similar provision in Alabama’s immigration law, HB 56, last October. Missouri’s legislature passed the bill out of committee last week—a bill likely to cost Missouri millions.

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