I am certain that the irony of this posting, coming immediately after my previous one, will not be lost on some of my readers. However, the matter of which I am now posting should serve as a reminder that USCIS is gracious enough to sometimes recognize that an alien who appeared to have committed marriage fraud in the first instance, might not in fact have done so.
In this particular case, the alien had been accused of marriage and visa fraud and a denial of an I-360 "Widow" petition and associated adjustment application recommended by USCIS for a number of reasons which when combined, seemed to USCIS to suggest such fraud. The applicant had tried without legal representation to rebut those allegations and failed, receiving a May 2, 2014 denial of the I-360/adjustment.
We were retained on May 21, 2014 to pursue appeals of various aspects of the case, and filed our notice of appeal on May 30, 2014. We had determined that in all of USCIS's discussion of its reasons for alleging fraud, the agency had not discussed a critical piece of evidence which we believed exonerated our client on both the visa and marriage fraud charges. With our notice of appeal we filed an attachment bringing the piece of evidence to the agency's attention and citing case law which discussed the importance of this particular sort of evidence in such cases.
On June 16, 2014, USCIS issued a notice informing us that our Notice of Appeal was treated as a "Motion to Reopen," and that the I-360 petition had been approved.
On June 20, 2014, the applicant's Resident Alien Card (green card) was shipped to the applicant from USCIS.
As of today's date the Applicant is in possession of the resident alien card and is now a Lawful Permanent Resident of the United States on a pathway to US Citizenship.
This is among the fastest reversals our office has ever seen in an immigration appeal and is a testament to the efficiency and competency of the USCIS's adjudicators handling the matter.
We are grateful to USCIS and I will express special thanks to my partner, attorney, Peter Chow, who worked with me on this case.
By: Duane M. Hamilton
I am and I will be forever grateful to Mr. Hamilton and Chow, plus the entire team working at the Office. This law office is truly extra ordinary and they do a good job. They meke you realize that there is hope when you think all is lost. I am so grateful i retained them after i had spend more that $8000 with another lawyer. Thank you guys and be blessed and MAY THE ALMIGHTY GOD BLESS THE WORKS OF YOUR HANDS.
ReplyDeleteI am and I will be forever grateful to Mr. Hamilton and Chow, plus the entire team working at the Office. This law office is truly extra ordinary and they do a good job. They meke you realize that there is hope when you think all is lost. I am so grateful i retained them after i had spend more that $8000 with another lawyer. Thank you guys and be blessed and MAY THE ALMIGHTY GOD BLESS THE WORKS OF YOUR HANDS.
ReplyDelete