PROBLEMATIC CASES SOLVED

Adjustment of Status of illegal aliens married to U.S. citizens

Case #1

A female alien from the Philippines entered illegally through a Canadian border near Buffalo by presenting a fake Canadian Citizenship Certificate provided by a smuggler. At the inspection booth, the inspector checked her fake document and admitted her. She traveled to New York City by Greyhound bus. Her brother picked her up at Port Authority Bus Terminal and took her to Long Island, New York. The following day, the smuggler’s contact came to see her and took her fake Canadian document. After a few years, she married a U.S. citizen who petitioned her as an alien relative. She applied to adjust her status to lawful permanent residence. She was interviewed at the USCIS office in Garden City, Long Island. The district adjudications officer initially denied her application. Then she filed a motion to reopen and reconsider. Her motion was granted. After a lengthy security check, USCIS finally mailed her Green Card.

Case #2

A female alien from China arrived at Los Angeles International Airport and presented a fraudulent Chinese passport containing a fraudulent arrival stamp. She then flew to Queens, New York and settled in Woodside. She worked in sweatshops, restaurants, and any available job to earn a living. After a span of 10 years staying illegally, she met a U.S. citizen at her church who married her. Her husband petitioned her and she applied to change her status to lawful permanent residence. She had an interview at the USCIS office in Holtsville, Long Island. After waiting for a few months, she received her Green Card through the mail.

Illegal Aliens Seeking Asylum and Withholding of Removal

Case #1

Two female Chinese students who came to the United States at age 10 applied for asylum and withholding of removal at the New York City Asylum Office in Rosedale, Queens. Both aliens were smuggled from Wenzhou, China to join their parents in New York City. Both completed their education from elementary to college in New York City. Two weeks after an interview with a male Asylum Officer at the Rosedale Asylum Office, they were granted asylum. After one year, they changed their status to lawful permanent residents. One of them recently went to visit her old dying grandmother in Wenzhou.

Case# 2

A male illegal alien from Tianjin, China entered the United States on a valid non-immigrant visa some ten years ago. He left his wife and son to try his luck in the United States. Another reason was that the Chinese authorities was looking for him because he refused to take his wife to a hospital for contraception after having their first child. Recently he converted to Christianity after a close friend took him to a Christian church one Sunday. He did not believe in God before but when he experienced the warm and loving attention given to him by this church congregation as a new member, he found happiness and hope at this time when he felt very homesick and ready to back to China. He heard about filing for asylum from a church member who is a U.S. citizen. He did and was interviewed some months ago. He told the asylum officer that he was very scared to go back to China because he is now a Christian and the Chinese authorities have been looking for him for not complying with local population control policies in his hometown in Tianjin. Two weeks after the interview, he picked up the decision at the Rosedale Asylum office in Queens stating that his application for asylum was granted.

LONG PENDING NATURALIZATION APPLICATIONS (N-400) AWAITING DECISION

A male U.S. permanent resident from China filed an application for naturalization. He was interviewed at the Garden City Office of Naturalization in Long Island, New York. He passed all written tests including the N-400 interview. He waited and waited for a decision and for several months no decision was mailed. After 2 years, he sought the services of this office. It was found out that the reason for the delay was the usual name check in Washington, D.C. particularly pertaining to several Chinese names that are identical but belonging to different persons. Several communications were sent to immigration authorities following up the case, including an intent to file a Writ of Mandamus. After a few weeks, the N-400 applicant received a letter that his application for Naturalization was granted and he was scheduled for a swearing-in ceremony.

ALIENS UNDER FINAL ORDER OF DEPORTATION ALLOWED TO ADJUST STATUS

Just some weeks ago, a Chinese alien with an outstanding deportation order based on a denied asylum application escaped detention because he was not in the house when the ICE agents knocked on his door in upstate New York. He was actually in New Jersey visiting a family friend.

He came to this office for consultation upon the recommendation of a satisfied client whose husband was also under final order of deportation. The client was satisfied because recently her husband’s deportation order was terminated. Instead her husband was granted adjustment of status upon her approved I-130 and I-485.

This office sent its legal counsel to the Albany USCIS and ICE offices to file the necessary paperworks. As a result, the alien about to be detained was issued an Order of Supervision by ICE. While under the Order of Supervision, the deportable alien appeared for the I-485 interview and passed it.

After a few weeks, the deportable alien received his Green Card.

Note: Immigration lawyers Gabriel de la Merced, Ramon Avena, and Manuel Quintal have represented the clients of Gonzalo Policarpio Consultants, L.L.C. to obtain an immigration benefit. For non-immigration cases, lawyer Felix Vinluan has represented a client in an employment discrimination case which is still pending before a District Court Judge in New York City.