Category: Service Areas

What Happens After My Fiance Arrives in the U.S.

What happens after my fiancé’s case is approved at the embassy and they come to the United States? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri. We get this question from time to time. A lot of our fiancé clients are nervous and anxious about what’s going to happen when their noncitizen fiancé comes to the United States. Let’s talk through the process.

After the I-129F is approved at USCIS, the case is set temporarily at the National Visa Center while they arrange at the embassy to set the person’s case for an interview. Now, each embassy does things a little bit differently, and it can be a little bit confusing in that time period between when USCIS approves the case and when the case actually makes it to the embassy. Some cases go almost directly to the embassy, some seem to sort of wait at the National Visa Center. You really have to monitor it, and you have to look at each case differently.

What we do is we make sure that we’re following the case as the case is moved along after it’s approved by USCIS. At that point, you’re going to have to file a DS-160. Once that is complete and the case is set for an interview at the embassy, your fiancé is going to go the interview. It’s relatively short. They basically want to make sure that it’s a legitimate relationship, that the two of you have in fact met each other, and that the foreign national does intend to come to United States and marry the US citizen within 90 days.

They’ll take the person’s passport and either they’ll say, “Come back and pick it up from the embassy,” or “We’ll send it to by courier in the next week or two.” Once that happens and the person comes to the United States, then things start rolling. Now, usually after it’s approved at the embassy, you have four months for the foreign national to come to the United States. That visa stamp is usually good for 120 days. That’s the time frame that your fiancé’s going to have to come to the United States in most cases.

Once they arrive and you’re reunited, it’s obviously a very happy time. Then you have to go ahead and get married. The law says that you have to get married within 90 days. From the date of arrival, you have 90 days to get married and to record it civilly with the local government. Then, at that point, you file for adjustment of status based off the approved fiancé visa and the marriage.

You’re going to submit all the same forms you would normally submit with an I-485. The 485 is the application to adjust status. Then you’re going to have to file for the travel document, the work card. That’s how you get that process started. It goes off to USCIS. At that point, it takes about eight or nine months for that process to be approved. You will get that work card and travel card temporarily. While the green card is pending, that’ll come four months after you file. If you do everything correctly, if you get your fingerprints done, and then eventually you’re going to get that green card.

Now, lately we’ve been seeing an uptick in the number of fiancé interviews. There are rules that allow the service center to waive an interview for the fiancé and the US citizen. Then it’s also allowed at the local level, so that you really have two shots of having that interview waived. In other words, there’s a good chance that you might not have an interview, but lately we’ve seeing more and more of these interviews. In those situations, you have to demonstrate again that the person is a good person and deserving of a green card. You have to demonstrate that the relationship is real.

I would say that right now in about 20% of the cases, we’re seeing that there is an interview with the fiancé and the US citizen. I think a little bit of that is random and I think a little bit of profiling. They want to figure out if they see something about the case that they’re worried about or something that they don’t like, then you’re going to see a situation with an interview. I would suggest that if you do do all that and you get an interview notice that you wouldn’t want to go without an attorney. There’s something that they’re looking at in your case, and I think that’s important to keep in mind.

One important thing about a K-1 visa that sometimes gets neglected is that when you come on a fiancé visa, if a foreign national arrives on a fiancé visa, the only way that they can adjust their status, virtually the only way, is if they marry that US citizen. The K-1 is sort of a strange visa. It’s a non-immigrant visa, but everybody knows you’re coming to stay, which means you’re coming to immigrate to the United States.

The rule says that if you come on a K-1, there’s no other way for you to get your green card and that you have to do it based on that marriage. If you don’t, in most situations you’re going to have to go home. The only way you’d be able to stay is if you got sort of obscure visa based on domestic violence or witnessing a crime or some other really extreme way of staying, perhaps an asylum claim. The K-1 rules are strict, and you’re not going to be able to get a green card unless you do in fact marry that US citizen and that US citizen files to help you get the adjustment.

If you have any questions about the K-1 fiancé visa, about what to do after your fiancé case is approved, make sure to give us a call at 314-961-8200. You can email us at info@hackinglawpractice.com. If you like this video, please make sure to subscribe to our YouTube channel. We’ve got a good number subscribers. Now we put our content on there on a pretty regular basis. If you can share this on social media, Facebook, or wherever, we’re really appreciate it. Thanks a lot, and have a good day.

Can a writ of mandamus help in delayed asylum cases

 

Can a writ of mandamus lawsuit work for people who have delayed asylum cases? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of office here in St. Louis, Missouri. You know one of our favorite things to do here at the Hacking Law Practice is to file lawsuits on behalf of immigrants who’ve been waiting too long for immigration benefits. Typically, we do that in the citizenship context, so probably over a hundred people have benefited from working with us to file lawsuits on their behalf against the USCIS. The way it works is you file a lawsuit, you ask a federal judge who doesn’t work for the immigration service, who’s appointed for life and who is not part of the executive branch, to compel the immigration service to decide a case.

We’ve had people who’ve been waiting for their citizenship for one, two, three, four, five, even nine years benefit from us filing a lawsuit. When you file a lawsuit, it generally requires the USCIS to take the case off the shelf. For some reason, they’ve taken people’s cases and put them up on the shelf, and the lawsuit makes them explain the source of the delay. When delays have gone on for a really, really long time, the agency usually does not want to fight. They just want to move the case forward. We oftentimes get positive movement on the cases, oftentimes scheduling an interview or scheduling an oath ceremony.
We’ve always known that it works in the citizenship context. We’ve also had success, which you can learn about on other videos, when it comes to green card delays. We even had success suing the State Department for delays in processing immigrant visas for the spouses of US citizens. The one thing we’ve never done before is file a mandamus action for someone who had been waiting for asylum. One of the reasons we were reluctant to do that is we weren’t entirely sure, given the fact that the immigration service and the asylum office has so much discretion in granting or denying asylum, we were reluctant to file a lawsuit on the asylum front. We weren’t sure if it was going to work.

About six months ago, we were hired by a very nice couple from Syria who happen to live in Michigan. They had filed for asylum in December of 2012. They had their interview just a few months later, which is unusual, but it does happen. Sometimes, randomly, certain asylum cases get assigned very quickly to an interview. Their interview happened literally six weeks after they filed. The interview was in January of 2013, and at the time that they hired us in October of 2016, they had been waiting for three and a half years for their decision. They had done everything they could do to try to get help. They had contacted the CIA ombudsman. They had contacted their senators and representatives in Michigan, and they had made numerous InfoPass appointments, and they just couldn’t get any movement.

One thing to keep in mind is this couple had hired the largest immigration law firm in the country. If I told you their name, you’d have heard of them. They have offices around the country and around the world. I think generally they specialize more in business immigration, and while they did take this asylum case, when I reviewed the paperwork that had been filed, I didn’t think they had done a very job. Specifically, what I complained about was the fact that the statement that was submitted in support of the asylum application was all over the map. It wasn’t very focused. It left a lot of things wide open and a lot of issues for inquiry by the asylum officer.

I talked to my client about how the initial interview had gone. He said that it had gone very well, that the officer had talked to them for about an hour, which is also unusual, and that the asylum case, he was told by the officer, would be approved in a couple of months. None of that made real sense. Nonetheless, we decided to file a lawsuit. We filed suit in Chicago, because that’s where our client’s asylum case was pending. We filed it in federal court. We served copies on the defendants, and pretty quickly, he got rescheduled for another interview. That was last January. I attended the interview with my clients. It was a long day. My client had a lot to say, and they had a lot of ground to cover. They were revisiting and reissuing focus on the case and the questions that had been answered back in 2013, and they wanted to make sure that my client had not supported any kind of groups that the United States was worried about in Syria.
When the interview was over, we thought that we had done a good job and that we would be getting a decision shortly.

It turns out that we had to wait a little bit longer. Now, the defendants had a certain amount of time to answer the lawsuit. Typically, it’s 60 days, but because they were working with us, we had given them some extensions and were coming up against a new deadline. I got a call from the US attorney who was defending the lawsuit to tell me that, lo and behold, the immigration service, the asylum office, wanted to interview our client one more time. Now, I took this as a good sign, because I figured if they wanted to deny the case, they wouldn’t call us back in for another interview, but that’s in fact what they did. This week, we went up to Chicago and had a third interview on the asylum case. It was relatively quick, but it was about an hour long.

One thing the attorney had told me when he called was that he was willing to promise that we would leave the asylum office that day with a decision. It was a very stressful day for my client and for me. We went through that hour-long third interview, and then they asked us to wait so they could talk to the supervisor. They had a few more questions after that, and then we had to wait a few hours while they issued their decision. We spent that time pacing back and forth in the asylum office. It was back like when I had trial work, and I was waiting on a jury. I really wasn’t sure which way it was going to go. The officer didn’t want to come out and see us herself. She had the lady at the front window give us the decision, so we’re sitting there waiting for the decision. It was very suspenseful. I was very worried.

The decision was sitting across from us. I couldn’t tell what it said. I was pretty sure that it was going to be a denial, but the agent happily told us that our client had been approved. His long four-and-a-half year wait for asylum had been granted, that he’d been granted a parole into the United States, and that he was going to be treated as an asylee, that a year from now, he can apply for a green card, and then five years after that, he can apply for citizenship. This happened on a day that there was a horrible gas attack in Syria, so it only led more importance and significance to the victory. We were very, very excited for our client and his wife and his two lovely US citizen daughters. They’re not going to have to go back to Syria or to leave the United States. It was quite a victory, and we’re really happy for our clients.

Lesson learned. If an asylum case has been pending for a really, really long time … It’s not going to work in every case, and I would say a delay of two or three or four years is sort of the minimum before we file a lawsuit, but to know that the immigration service, the asylum office, and the US attorneys will work with us on asylum cases is a very valuable lesson.

If you have experienced delay in any kind of immigration case, whether it’s citizenship, green cards, visas, anything, make sure to give us a call at the Hacking Law Practice, 314-961-8200. You can email us at info@hackinglawpractice.com. If you like this video, be sure to click the subscribe button below. Give us a like and a shout out on social media. We’d really appreciate it. It’s a big help. If you have questions that you want us to cover, just feel free to email us at info@hackinglawpractice.com, and we’ll try to shoot a video for you. Thanks a lot. Have a great day.

 

Trump Administration Shakes Up the H-1b System

Over the past several weeks, the nation has seen some revisions to the interpretation of our country’s immigration laws related to the system that allows foreign nationals to work in the United States.

Generally, foreign nationals are not allowed to work in the U.S. without authorization.  The name of the visa that most foreigners use to work is the H-1b visa.

Federal law allows for the issuance of 65,000 H-1b visas to foreign nationals with a college degree in a “specialty occupation.”  Another 20,000 such H-1bs are set aside for foreign workers with a master’s degree from a U.S. institution of higher learning.

The H-1b system is based on federal law, as passed by Congress many years ago.

The President’s role in the H-1b system is to enforce laws passed by Congress, including the H-1b system.  The new Trump administration has made several recent and important changes to the H-1b program.

These changes will affect immigrants working in the St. Louis area and throughout the United States.

Premium Processing Suspended

The first change occurred in late March of 2017, shortly before the filing deadline for the next fiscal year of H-1b visas.  The Department of Homeland Security issued an announcement on the USCIS website that premium processing for H-1b visas had been temporarily suspended.

Premium processing allows an employer seeking to hire a foreign worker to obtain an answer in a few short weeks as opposed to waiting for five or six months.  Under the Trump administration, foreign workers and the U.S. companies that wish to hire them will have to wait much longer for an answer.

Mr. Trump made it clear during the presidential campaign that his number one priority was helping American workers and it appears that this change is designed to make it harder and more cumbersome to hire foreign nationals.

Computer Programmer Job May No Longer Qualify

On March 31, 2017, the day before next year’s H-1b applications were due, USCIS changed the rules regarding the availability of H-1b visas for the position of “computer programmer.”

The agency rescinded a 2000 memorandum that said that the role of a computer programmer would usually qualify as a specialty occupation and therefore be eligible for an H-1b visa.

USCIS issued a new memorandum that makes clear that foreign nationals employed as computer programmers, especially those in entry-level positions, may no longer be treated as working in a “specialty occupation.”  Because many computer programmers work without a specific college degree in computer programming, the job may not always be considered a specialty occupation.  Therefore, the H-1b visa may not be available for these foreign workers.

From the memo:

Based on the current version of the [Occupational Outlook] Handbook, the fact that a person may be employed as a computer programmer and may use information technology skills and knowledge to help an enterprise achieve its goals in the course of his or her job is not sufficient to establish the position as a specialty occupation. Thus, a petitioner may not rely solely on the Handbook to meet its burden when seeking to sponsor a beneficiary for a computer programmer position. Instead, a petitioner must provide other evidence to establish that the particular position is one in a specialty occupation as defined by 8 CFR 214.2(h)(4)(ii) that also meets one of the criteria at 8 CFR 214.2(h)(4)(iii). Section 214(i)(1) of the INA; see also Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007).

This is an important change.

Any employer looking to hire a foreign national is required to pay the prevailing wage.  The prevailing wage is calculated by looking at the average wages paid in a particular geographic area for that occupation type.

Computer programmers make significantly less than software developers.  The thought is that employers have been saving money and undercutting the American worker by paying foreign nationals as computer programmers instead of as software developers.

This change will require companies, especially foreign staffing companies, to pay a lot more to their employees or risk having their H-1b applications denied.

It is interesting, to say the least, that the Trump administration decided to make this announcement on the day that immigration lawyers and employers were shipping thousands of H-1b applications to the USCIS service centers for processing.  It appears that this was designed to harm employers who were relying on their ability to hire foreign nationals in this role.

H-1B Abuse Enforcement Announced

On April 3, 2017, USCIS issued a press release to announce “multiple measures to further deter and detect H1B visa fraud and abuse.”

The release is entitled Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse.

USCIS has adopted new criteria to determine which H1B employers and worksites are to be targeted for site visits. An updated website and email address have been implemented to purportedly make it easier to notify USCIS that H-1b abuse has occurred.

Site Visits and Enforcement

Since 2009, USCIS has routinely conducted random site visits of H-1b employers and work sites. Starting with the issuance of the press release, USCIS will ramp up the number of site visits conducted and The USCIS has been conducting random site visits to the offices of H1B petitioners and work locations since 2009. Effective immediately, however, the USCIS will increase the number of site visits it conducts and “take a more targeted approach when making site visits across the country.”

The memo takes aim at the following situations: employers whose basic information cannot be verified through commercial databases; employers deemed “dependent” on H-1B workers; and, employers such as consulting companies whose employees will work off-site at another organization’s location.

USCIS also announced the use of a new email address (ReportH1BAbuse@uscis.dhs.gov) to allow American workers to report suspected H-1b fraud or abuse.  The agency also published an online reference page that lists other available ways that suspected H1B fraud or abuse may be reported.  The website also lists examples of the types of behavior that may indicate H-1b fraud.  The protections available to U.S. workers are also provided on that site.

On the same day that USCIS issued its press release, Attorney General Jeff Sessions’ Department of Justice sent out a separate release that makes it clear that U.S. employers are not supposed to discriminate against the American worker.

From the release:

The anti-discrimination provision of the Immigration and Nationality Act (INA) generally prohibits employers from discriminating against U.S. workers because of their citizenship or national origin in hiring, firing and recruiting. Employers violate the INA if they have a discriminatory hiring preference that favors H-1B visa holders over U.S. workers.

“The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. “U.S. workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims.”

These recent changes suggest that Mr. Trump intends to make it more difficult for foreign nationals to work in the U.S.  As a candidate, Trump consistently portrayed immigrants as outsiders coming to take “our jobs.”  These changes to the law may make it significantly harder for employers to hire and retain foreign nationals.

We will keep you apprised of any additional changes to the law.

Indian Doctors Face Deportation Due to Paperwork Error

Two Indian physicians who reside in Houston, Texas, face imminent deportation from the United States due to a paperwork error.

Dr. Pankaj Satija is a neurologist who helped found the Pain and Headache Centers of Texas.  His wife, Dr. Monnika Ummat, have resided in the U.S. for many, many years.  Dr. Ummat is also a neurologist.  She specializes in treating epilepsy at Texas Children’s Hospital.  They are the parents of 2 U.S. citizens, 7-year-old Ralph and 4-year-old Zoeey.

The pair faced removal last week after immigration officials refused to extend Dr. Satija’s and Dr. Ummat’s temporary permission to stay in the U.S.  The decision by Homeland Security may cause dozens of Texans who suffer from neurological disorders to be without their doctors.

“I have 50 patients today and 40 patients tomorrow,” said Dr. Satija. “I’m just concerned they’ll be left in a lurch. They could land up in the emergency room.”

The Houston Methodist Hospital System sponsored Dr. Satija for a green card (lawful permanent resident status) in 2008.  Dr. Ummat would be eligible to adjust status as his spouse.  But because the couple are from India and because USCIS has a nearly decade-long backlog for Indian professionals to adjust status, they have not yet received their LPR status.

The couple regularly renewed their travel documents and work authorizations.  But last year, their permission to travel abroad was extended for only one year instead of two years, which had typically been what they received.  Later snafus by Customs and Border Patrol contributed to the confusion.

The couple never noticed the problem.  Then Dr. Satija’s brother called from India to tell him that their father had been admitted into intensive care and was gravely ill.  The entire family flew to India.

When they returned to the U.S., they learned that they had left the U.S. on expired advance parole documents (the formal name for the travel documents).

CBP allowed the couple to enter the U.S. on deferred inspection, which means they were allowed in but would have to explain how they believed they were entitled to stay at a later date.

When they brought their paperwork back to CBP, they were initially told that everything would be okay.  But the next day, they were told “[s]omebody up there has decided you have to leave the country in the next 24 hours.”

According to the Houston Chronicle, in two expansive immigration memos the Trump administration issued in February, it directed the nation’s three main immigration agencies to “sparingly” use the practice of parole, though it hasn’t yet detailed the new regulations.

At the end of last week, DHS did agree to give the couple another 90 days to try and sort out the situation.

This story demonstrates a few themes we talk about at the Hacking Law Practice on a regular basis.

First, it is absolutely ridiculous that we have an immigration system that takes nine years for a pair of super-qualified doctors from India to get lawful resident status.

Second, it is absurd that we are even talking about the possibility of deporting these people who serve sick Americans every day of their lives.

Third, immigrants are awesome and help this country every day.

 

U.S. Army Veteran to be Deported

Miguel Perez is not a U.S. Citizen.

His two children are.

Despite this, he is scheduled to be deported due to a conviction for selling drugs.

Perez served in the U.S. Army in Afghanistan.

He enlisted for not one, but two, tours.  According to his family, Perez “was blown out of his Jeep in Kandahar” and suffered a traumatic brain injury as a result of the blast.

He suffered from Post Traumatic Stress Disorder.  He started self-medicating with alcohol and he then turned to drugs.  That led to the selling of drugs.

Sadly, he had the opportunity to become a U.S. citizen after serving in the Army, but he didn’t understand how the process worked.  He thought that simply serving in the military resulted in him automatically becoming a U.S. citizen.

America has done a poor job of taking care of the women and men who fought in George Bush’s wars in Iraq and Afghanistan/. Problems at the Department of Veterans Affairs are legendary.

We provide little funding for treating the psychological injuries of war.

But when a man or a woman volunteers to pickup a gun and defend this country, we should be there for that soldier when they return.  If they make a mistake and commit a crime, go ahead and punish them.

But in this huge political push to see who can out-tough other politicians when it comes to immigrants, real people get caught up in the system.

We abandoned this man to the streets after he fought for us. This is deplorable what the government is now trying to do.

We believe that if you serve our nation honorably and come back to the United States that you should not be deported. A black letter rule that would prohibit us from deporting women and men who put on our country’s uniform.

Miguel Perez is running out of options. He has already been ordered de-or Ted by the immigration judge.  He is seeking relief in the Board of Immigration Appeals and has asked for members of Congress to assist him.

Will we leave this blood brother behind?  After what we a

Lawsuit Pays Off For Detroit Green Card Holder

This is our client, Bhavin.

Bhavin was born in India and came to the U.S. to study.

He is an engineer and works for Ford Motor Company. Bhavin lives near Detroit, Michigan.

Bhavin obtained lawful permanent resident status many years ago through his family.

In the summer of 2015, Bhavin filed an N-400 naturalization application with USCIS.

He underwent fingerprinting and biometrics at the Detroit USCIS Application Support Center.

Then he waited for his interview.

And waited. And waited. And waited some more.

He did everything that he could do to follow up with USCIS to see why his case had been delayed.

No one would give him a straight answer.

Bhavin went to InfoPass appointments at USCIS. That didn’t work.

Bhavin asked for members of Congress to help. That didn’t work, either.

Bhavin asked for the USCIS Ombudsman, who is supposed to be the consumer advocate at USCIS to intervene. Still that didn’t work.

Frustrated, Bhavin did not know what to do.

After waiting over 15 months and running out options, he took to the internet.

He found a forum on a website called Trackitt. This website allows people with similar problems to talk about them online and to post about possible solutions.

Bhavin found some references to a crazy immigration law firm in St. Louis that helps people whose immigration cases have been unfairly delayed.

He scheduled a Skype consultation with attorney Jim Hacking of our office.

Bhavin decided to sue USCIS after meeting with Mr. Hacking.

That was six weeks ago.

Today, Bhavin had his naturalization interview at the Detroit field office of USCIS.

The interview lasted about 30 minutes. Mr. Hacking flew in from St. Louis for the interview.

Everything went well and Bhavin was approved on the spot.

His oath ceremony is scheduled for one week from now.

Congratulations, Bhavin!

Trump to Ban Refugees & Prohibit Visas for People from 7 Predominantly Muslim Countries

According to recent news reports, President Donald Trump is planning to sign an executive order on Wednesday, January 25, 2017, which would institute a “temporary” ban on most refugees and a suspension of visas for citizens of Syria, Iraq, Iran, Libya, Somalia, Sudan and Yemen.

 

These countries are predominantly Muslim countries.

The ban is expected to stop Syrian refugees from coming to the United States immediately.  In addition, news reports indicate that the State Department will be prohibited from issuing some types, or even all types, of visas for people from the countries listed above.

During the Presidential campaign, Mr. Trump called for an outright ban on Muslim immigration to the United States.  The executive orders seem to be an attempt by the Trump administration to make the Muslim ban more politically acceptable and, perhaps, more legally defensible.

Banning people based on their religion would be harder to defend from a legal perspective than a ban on people from a particular country.

Last night, the President tweeted that he had a “big day” planned on national security today.

Many wonder whether the President’s action is legal.  According to Professor Stephen Legomsky of Washington University and a former legal advisor to President Obama, Trump’s ban is most likely legal.

“From a legal standpoint, it would be exactly within his legal rights,” Legomsky explained.

The Constitution and federal law give the President wide-ranging authority in deciding who gets into the United States and who does not.

Muslim organizations such as the Council on American-Islamic Relations and the Muslim Public Affairs Council are awaiting the exact wording of President Trump’s executive order.  They and other groups, including the American Civil Liberties Union, are exploring legal challenges to the order.

Our office is currently handling many immigrant visa cases for relatives from the above-listed countries.  We will be following the executive order and any litigation over the ban on a daily basis.

For now, we will continue to process these cases and to keep doing the next possible step in each case.

This proposed ban is so offensive and such a blatant act of stereotyping and scapegoating that it can hardly be put into words.  There have been zero reports of any Syrian refugees getting into any kind of terroristic trouble and our office works with people from these countries on a daily basis.

They are some of the finest people that we know.

But for now, as a reminder once again that elections have consequences, we are left to wait, watch and to prepare to fight.

If we can litigate on behalf of any of our clients, we are ready, willing and able to do so.

 

What Happens After You File a Lawsuit Against USCIS

What happens after you file a law suit against the Immigration Service for delaying your case? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri.

We get this question a lot. A lot of people are sometimes on the fence about whether or not to sue USCIS, and the FBI, and other agencies regarding delays in their immigration cases, and we wanted to shoot this video to explain to you what happens, what the process is like.

In our office, we have filed probably 60 or 70 of these cases at the present time, and we have a pretty good system for getting them out. What we do is we craft the complaint to set out the facts of your case to explain why your immigration case has been taking so long, and, most importantly, all the efforts that you’ve made to try to get the case decided without filing a law suit. We list those kinds of things that people do, like file info pass appointments, calling their Congress person or their Senator, calling the USCIS ombudsman, all the different things that you can do to try to make your case go faster. Usually those don’t work and they’re left with having to decide whether or not to file a law suit.

We draft the complaint, because you want the court to know that you’ve made good efforts to try to get your case decided. Some people wonder, “How long is a wait too long? When should I start thinking about filing a law suit,” and we generally recommend that you don’t file a Mandamas Action or a delay action under the Administrative Procedures Act until about a year has gone by. It usually takes us a couple days to put the law suit together, and then we file it in federal court.

The filing fee in federal court right now is $400. That’s always subject to change, but it’s $400 to get the law suit on file, and after we file the law suit, we file it electronically, and the good thing about federal law is that we can generally file it anywhere around the country, but lately we’ve been filing them in Washington, DC. The DC court has more experience in handling these cases. The US Attorneys up there are more easy to deal with, easier to deal with, and we generally have a good experience so far with the DC District Court.

After the law suit is on file, the court issues what are called summons, and a summons is a notice to a defendant that they’ve been sued. Typically in our cases, we sue the US Department of Homeland Security, US Citizenship and Immigration Services, the heads of those agencies as well as the head of the FBI, and the FBI itself for delays in processing mostly citizenship cases, but, also, green card and VISA type cases.

The defendants might change, depending on what kind of case we have, but the process after that is pretty much the same. After the court issues summons and have them signed by the clerk of court, we then attach that to the summons and a copy of the law suit, and we send it by certified mail to the defendants. It usually takes them about ten days or two weeks to get the law suits, and then, at that point, the defendants have 60 days to file their response. In most instances, the government does not respond much until towards the end of those 60 days.

If you serve them let’s say on March 1st, then you’re generally going to hear something from them about the end of April, and usually what they do is they tell you what their plan is, but that is what gets the ball rolling, because, at that point, there’s now an Assistant US Attorney or Department of Justice attorney who is going to have to defend that law suit, and typically what they do is they contact their people at USCIS and Homeland Security, and they figure out what’s going on with the case. They figure out if they want to fight or if they want to just proceed with the case. It usually involves them scheduling someone for an interview, and then the case is really underway.

That’s the process from start to finish, from the time that you hire us and we draft the complaint and we file the law suit, and then typically there’s then another interview or an original interview, and then the case is handled the same.

The law suits are really effective to getting movement on your cases. If you have a case that’s been delayed, if you want to know about how the process works and are thinking about getting started with suing Immigration Service yourself in federal court, make sure to give us a call at 314-961-8200. You can email us at info@HackingLawPractice.com.

We hope you like this video. If you did, make sure that you leave us a comment or review, and then make sure that you subscribe to our YouTube channel or join our Facebook group, so that we can keep you posted as to any new videos that we submit.

Thanks a lot. Have a great day.

HLP Attorney Andy Bloomberg Gets Client on Path to Status

Deferred Action for Childhood Arrivals (DACA), President Obama’s use of executive orders to temporarily protect from deportation undocumented individuals who arrived in the United States as children, has helped many, many people. What it didn’t do was offer any route to a green card or citizenship.

And with President Trump taking office, the status of DACA and all those who benefited from it came into doubt the moment the oath was taken.

Over the last few years, however, one path for DACA recipients who are otherwise eligible for a green card as the spouse of a U.S. Citizen, but whose entry into the United States without inspection has barred them from adjusting status, has been carved out by clever attorneys and the Board of Immigration Appeals.

The BIA held that an individual who left the United States with the temporary travel authorization known as advance parole did not depart the United States in a way that would block future immigration benefits, but such an individual still enters the United States with inspection, allowing them to adjust status.

To receive advance parole, the individual must prove that their trip is necessary for some serious reason, such as illness to a close family member.

Two weeks after the election, Andrew Bloomberg of our firm was hired by an American citizen and her husband on DACA.

The timeline was even more constrained – the normal processing time for Advance Parole applications would put them well past President Trump’s inauguration. We had to get an application on file and then our clients had to go to a USCIS field office and ask that their application be approved on an emergency basis (which they USCIS has total discretion to approve or deny).

Our clients and our firm scrambled to collect and translate medical documents from the husband’s home country, and we got the application on file. As soon as the filing receipt came, they drove to their local field office and were told that that office simply doesn’t do emergency advance parole, a completely inappropriate blanket refusal.

The next day, they had to drive to another field office hours away. This time, they were met with a much more professional, reasonable response and the application was approved.

Within a couple of days they were on a plane, and they arrived back in the United States on Thursday, January 19, one day before the inauguration. We are now getting started on their green card application. It seems to have worked out this time, but situations like this are why we encourage our clients to apply for immigration benefits as soon as they are eligible for them.

Great job, Andrew!  We are happy for you and our clients.

Here’s What Happens When You File a Fake Green Card Case

 

Can I get away with immigration fraud if my spouse decides not to sponsor me anymore?

Hi, I’m Jim Hacking immigration lawyer practicing all throughout the United States. Yeah, it’s a ridiculous title to this video.

I have to tell you that I had something happen for the first time in my many years of legal experience. That is that someone came into my office and they told me flat out that they had paid seven thousand dollars to a friend, a US citizen friend to sponsor them for a green card based on a fake marriage. I honestly have never had that happen before and I have to tell you I was quite surprised. I was surprised that someone was that honest. I was surprised that they had the nerve to tell me. I was surprised that they were even thinking about how to get back at their US citizen spouse for not going through with the promise to perpetuate this fraud. I believe what happened is that as the interview date got closer, the US citizen wised up to what they were doing was a crime under federal law and they didn’t want to go through with it. That’s a good thing.

You shouldn’t file fake immigration cases. It’s one of the worst things you can do. It can prevent you from getting any kind of benefit whatsoever. In addition, it also makes it harder on all the good people who want to get a green card the right way who have a valid marriage. It’s bec of people that pay off other people to get them a green card that cases are harder for regular folks who are just trying to do the right thing. I was quite upset with this person. I held my anger and I told her that this is not a good thing that you did and you should be glad that you’re not going through with it anymore. My advice to her was that she should withdraw this fraud and the petition. Now that leaves her out of status and she’s been out of status for a really long time which is probably why she went ahead and paid for this. Here’s the thing folks, don’t assume that immigration lawyers are going to help you with your fraudulent fake marriage cases. That’s not our job. That’s not what we’re here for. Our job is to help the people who have legitimate claims for lawful permanent resident status for people that are married to real life citizens and have real life marriages.

We want to make sure that we’re not poisoning the well and making immigration think that we file for those claims. We don’t file for those claims. We don’t file fake claims and this person is exactly the kind of person that makes life difficult for the rest of the applicants. Obviously it should go without saying that you should never file a fraudulent marriage based case. Immigration will find out about it. We’ve had many cases in the office recently where immigration has found out about it and so if you are considering filing for a green card, it has to be legitimate. It has to be a real marriage based on what? Love. Nothing else. Not for an immigration benefit. Not because it’s convenient. Not because they want to be able to keep working. We get married for one reason and one reason alone and that reason is love. Don’t listen to anybody who tells you otherwise. Don’t engage in immigration fraud. This couple was headed to a denial. They were headed to a finding that the immigrant beneficiary had engaged in fraud, that the US citizen had engaged in fraud, they could be criminally prosecuted and they sure as heck weren’t going to get a green card.

That knowledge is an expensive lesson. I can’t believe that someone would pay that or would engage in such behavior. If you have such a case, don’t take it to this law office. We don’t have any interest in it. We’re not about filing fake immigration cases. Some people think that the only reason you need a lawyer is when you have a fake immigration case and that’s completely wrong. I’m sure that the vast majority of fraudulent immigration cases are filed by people who don’t have attorneys. Any reputable attorney would turn it down. We do sometimes hear about attorneys who don’t but I’ll tell you this right now.

Don’t ever come in here and try to pedal a fake immigration case past us. We’ll figure it out and immigration will figure it out and you’ll get deported if not, sent to jail first. That’s our lesson for today. Enough pontificating. We’re not here to berate you or to make you mad. Rather we want to educate you on the perils and the problems associated with filing a fake immigration case. Do you so at your peril. You will get caught, you will get punished, and you deserve it. All right. If you have any questions give us a call. 314-961-8200. We’d love to help you out with any legitimate spouse cases.

In the meantime, make sure you subscribe to our YouTube channel. That you like us on Facebook. We also have a Facebook group where we post news and immigration related issues on our Facebook group. It’s called Immigrant Home. So if you want to do a search for Immigrant Home you can find it on there. Otherwise, feel free to email us info@hackinglawpractice.com. Or you can call us at 3149618200. Thanks a lot. Peace.