In this anti immigration climate, any win is cause for celebration, particularly thorny cases. We were happy to celebrate the receipt of a citizenship by our Hungarian client and his family. About 7 years ago we were asked to intercede in a case which another attorney had botched. We had very tight time constraints to resolve the immigration situations with the USDOL. Employment based immigration first goes through the US Department of Labor. A company can sponsor an immigrant based on an offer of employment. In such a case, the application cannot be filed by a company until the US department of labor certifies that the petition can proceed through the immigration process. After taking over this very complicated case from the other attorney, we were able to fix all the problems with the USDOL and obtain timely certification, thus allowing the application to proceed through the immigration system. The Hungarian couple was facing deportation and we were able to resolve their removal case and obtain permanent resident status, or green cards. Five years later, the couple came back to seek assistance with obtaining U.S. citizenship. Now, both have passed their naturalization test and have been sworn in as U.S. citizens.
Our office was able ot reunite a Yemeni couple and their children after fighting the case for 15 years. The US husband had filed an immigrant petition for his wife and children. The wife had told an inconsequential lie to the Consulate at their first interview in order to preserve family honor. This lie caused the Consulate to make an adverse finding in the case and kept couple living apart for fifteen years. After numerous petitions and arguments, and various DNA tests we were able to convince the Consul of the legitimacy of the case and have the immigrant visa approved. Now, couple can finally enjoy their life together here in the United States as spouse was finally able to enter on an immigrant visa and obtain her green card. The children accompanied the mother.
We had the privilege to assist an extremely kind woman who was seeking immigration relief for her 2 adopted Mexican children. We advised her that because she was a US citizen she could file a green card application for her children. She had adopted these children years earlier when their mother was deported. The children had been living with her for a few years when the adoption was completed and they were now attending high school. In adoption cases, the children have to be living with the adoptive parent in a legal relationship for two years prior to filing for immigration benefits. The mother had never obtained guardianship when she enrolled the children in public school and thus we faced the challenge of convincing the Immigration Service that the prior years should be recognized and not further delay these children’s green cards. We successfully argued that the school, as an agency of the state recognized her as a guardian and that formed the requisite legal relationship. The argument was accepted and the I-130 immigrant visa petition was approved. Our client and her children had to travel to Mexico for the green card interviews. During that trip they were able to visit with their biological mother and siblings, much to everyone’s joy. The children’s immigration cases were approved and they received their green cards upon returning to the US. They were able to immediately file for derivative citizenship through their US mother and next time they traveled to Mexico, they did so with US passports.
Our Uruguay immigration client was married to a US citizen who was a police officer. He came to see us, after he was placed in deportation proceedings because his US citizen wife, who had initiated the process asking for his green card, changed her mind, and told the Immigration Service that the marriage was a sham.
We were astonished that a police officer would admit to entering into a sham marriage, or commiting fraud. But we were futher alarmed that this police officer went as far as threatening her husband with her service revolver during a family dispute. Based on the threats and the abuse we were able to prove to the Immigration Service that our client was a victim of physical and psychological abuse were successful in helping him obtain a green card under a law known as The Violence Against Women Act, aka, VAWA. This law allows an immigrant get a green card if that person was in a bona fide marriage to either a US citizen or a green card holder and suffered physical, psychological or emotional abuse in the course of that marriage.
Early in the morning of June 5, while the Corso immigration raid was underway, Pastor Elvin of Templo Genesaret located in Fremont and Norwalk, Ohio called us asking for immigration assistance. By the end of the day 112 people were arrested. They were fathers and mothers, wives and husbands, parents and children, brothers and sisters.
We immediately responded and on the evening of June 6, a legal team from Svetlana Schreiber and Associates drove 11/2 hours to Norwalk to meet with the affected family members and try to explain the immigration impact of the raid. We were the first lawyers to respond. There were well over 150 terrified, tearful, heartbroken family members in attendance. We sat down with each and every family member and discussed the individual immigration consequences and immigration possibilities resulting from these arrests. We explained that most of the people arrested were bond eligible and as we carefully reviewed each case, we determined that many people had the possibility of legally immigrating and becoming green card holders. Late at night, when the meeting finally ended, people left looking much relieved. It was a privilege to bring hope to a very dark situation.
AILA members document their experiences on the ground as they offer pro bono services to Central American detainees at the family detention center in Dilley, Texas. To find out more information, visit AILA’s CARA Family Detention Pro Bono Project webpage
The Supreme Court has found section 3 of the Defense of Marriage Act (DOMA) unconstitutional. That means that the Immigration Service and U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that they adjudicate applications for opposite gender spouses. This means that the same sex spouse of a visa applicant coming to the U.S. for any purpose – including work, study, international exchange or as a legal immigrant – will be eligible for a derivative visa. A same-sex marriage is now valid for immigration purposes, as long as the marriage is recognized in the "place of celebration." The validity of a marriage will depend on whether it was legally valid in the place of celebration, rather than the place of domicile. A same-sex marriage is valid for immigration purposes even if the couple intends ultimately to reside in one of the 37 states that do not recognize same-sex marriages. The same-sex marriage is valid even if the applicant is applying in a country in which same-sex marriage is illegal. This would apply for same sex fiancé visas as well. Stepchildren acquired through same sex marriages can also qualify as beneficiaries or for derivative Lastly, foreign same sex spouses of US citizens who are the victims of domestic violence, and have suffered physical, emotional or psychological abuse can file for benefits under VAWA, and if successful, obtain a green card.
We opened a new office in Painesville, Ohio
1 Victoria Place Suite 144 Painesville, OH 44127, Phone:440-354-2993, Fax: 440-354-4005
We are in Painsville Tuesday and Thursdays and on Saturdays by appointment. Call 216-621-7292 to get more information.
The office of Svetlana Schreiber & Associates announces that the recent Supreme Court decision, striking DOMA, has resulted in allowing same sex couples the privilege to pursue all the immigration benefits available to heterosexual couples. So if you are in a long term relationship and plan on getting married, please contact us to discuss your immigration options. You may also be able to use your same sex relationship to qualify for other immigration benefits, such as visa based on domestic abuse, or waivers proving hardship to your US spouse, or U visa, if a family member was victim of a crime. Call us for a free conference. Remember, we are in Painsville Tuesday and Thursdays and on Saturdays by appointment. Call 216-621-7292 to get more information.
Immigration Judge granted permanent resident status (through NonLPR Cancellation of Removal) to a client from Mexico whose daughter was born here in the United States without an arm. Immigration Judge granted misrepresentation waiver to a client from Mexico, who lied about his prior history in the United States in order to obtain a visitor visa. After some bad luck with another attorney, succeeded to obtain permanent resident status for an HIV positive client after terminating deportation proceedings. Succeeded in obtaining permanent resident status for a client, who was told by several other attorneys that he would not be able to get permanent resident status because of his criminal history. Succeeded in having immigration proceedings terminated for a lawful permanent resident after his criminal attorney successfully reopened his criminal case because of substantial legal errors made in prior criminal proceedings. Succeeded in obtaining cancellation of removal for a lawful permanent resident after his criminal convictions were successfully overturned because of legal errors.
ICE granted our Request for Stay for our Chiapas client and released him from jail, temporarily ending our 4 month battle to secure his release. After his arrest by ICE, we learned that he had a deportation order from 1994. Our Motion to Reopen was denied by the Miami Immigration Court for being filed so many years after the order. An appeal to the BIA also failed. Kudos to ICE for granting this Stay and releasing him, clearly showing adherence to the new guidelines. We provided a complex psychological report which described in detail the ramifications to the 4 US children of our client in the event of his deportation. Another family reunited for Christmas. We are privileged to be able to do this work and to bring so much joy to clients.
We are proud to report the grant of a green card to our Romanian client who was subject to a 212 e home stay requirement because she had originally come to the US on a Fulbright on a J visa. These waivers are almost impossible to get. However in this case, careful planning together with the detailed work of our attorney made winning this case a reality (after this client was told by at least 5 other lawyers that she would have to go to Romania for the requisite 2 years and that getting the waiver was impossible).
Today an Egyptian family won its long fought deportation case. One of the members was granted a green card based on 3 year, VAWA cancellation. Another member was granted Withholding of Removal and the third member was granted asylum. This family had been in the US illegally for many years before being placed in proceedings. We would not have succeeded without the assistance of Middle East country conditions expert Shaul Gabbay.
Now we also serve Romanian Comunity in Chicago!
Tuesday of October 25th 2011, from 3:00 PM to 9:00 PM and
Wednesday 26th 2011 12:00 PM to 6:00PM we will be at the:
Romanian Heritage Center in the Chicago area
at: 7777 N. Caldwell Avenue, Suite 103 & 106
Niles, IL 60714
directions and some pictures at: www.Ro-Am.NET
The Cleveland Immigration Court granted ten year cancellation of removal to a Mexican mother of four United States Citizen children. The mother has resided in the United States since she was only fourteen years old. Most of family were already residing in the United States legally when she came to the United States. Her family has been her support system throughout the years. All of her children have health issues. She has very limited ties to Mexico today and, as she has lived the majority of her life in the United States, she knows very little about Mexico and its culture today. For these as well as other reasons, the judge granted ten year cancellation believing the children would suffer exceptional hardship in Mexico as the mother could not be able to provide for them there.
A Guatemalan father of a severely disabled child with a final order of removal was granted a stay by Immigration and Customs Enforcement. The father is being released from ICE custody and will be under an Order of supervision. In granting the stay, ICE recognized the importance of allowing the father to remain in the United States for the sake of his disabled child. Our thanks goes out to all the ICE officers here in Cleveland for their compassion, understanding and hard work in this matter.