The office is striving to be COVID compliant. We see clients outside. Only the staff works in the office and remotely. Everyone wears masks and observes social distance when meeting with clients.

05.08.2023 We recently won an asylum case for a lesbian from Honduras who was proved she was the victim of persecution on account of her being a lesbian. She will become a green card holder and then a citizen. These same sex cases are of particular concern to us, because the persecution of LGBTQ people is horrific throughout the world. If we can help people find a safe haven to live their lives with the partners of their choosing, then our efforts served a purpose. It is such a privilege to do the kind of work we do.

04.30.2023 Another immigration success story. We are happy to report success in timely filing U visa applications for an undocumented family from India who has lived undocumented for many years. Although their younger children were born in the US, their oldest daughter here and owned a convenient store for years. Their store is in a dangerous neighborhood and although they had been victim of several robberies, they were unaware of the special immigration U visa available to people who are the victim of certain crimes in the US. We were able to file two immigration cases for the parents and the daughter who was now over 21. These applications will give the victims permission to work while waiting for approval of the visa and eventually will lead to their green card.

03.01.2023 In Rare Victory, Immigrants Prevail in Suit Over Meat Plant Raid.
The workers accused the government of racial profiling and excessive force. The agreement is very likely the first class settlement over an immigration enforcement operation at a work site, experts say.
https://www.nytimes.com/2023/02/27/us/meat-plant-raid-immigrants-tennessee.html?smid=em-share

02.28.2023 Biden Administration Plans Crackdown on Migrant Child Labor.
The move came days after a Times investigation showed children were working in dangerous jobs throughout the United States.
https://www.nytimes.com/2023/02/27/us/biden-child-labor.html?smid=em-share

12.12.2022 We are so proud to be advocates for the LGBTQ community. We recently wond asylum for a Lesbian from Guatamala. We had, only a few months ago, won asylum for a homosexual refugee from Albania. These are complicated immigration cases, but winning them makes it all worthwhile. So proud to be at the forefront of the battle against persecution and oppression.

11.01.2022 The court has terminated a case for a person battling schizophrenia. In the past, such people would often be deported to a country where they could not get any mental help, away from all family and any possible support group. Our guy threatened to kill his mother and threw his siter out a window. So yes, when his schizophrenia flares, he is dangerous to those around him. He needs hospital treatment. But such people can be treated with medication, and so their immigration cases do not have to be denied because they fail to show up in court, etc. The immigration court should be as forward thinking as other courts and treat mental illness.

08.19.2021 US WITHDRAWAL FROM AFGHANISTAN We may be able to help Afghan nationals come to the US
https://www.state.gov/u-s-refugee-admissions-program-priority-2-designation-for-afghan-nationals/
On August 2, 2021, the Department of State announced a Priority 2 designation granting U.S. Refugee Admissions Program (USRAP) giving access to certain Afghan nationals and their eligible family members.
This is in addition to the Special Immigration Visa (SIV) for certain Afghan nationals. To qualify for an SIV, an Afghan national needs to show a job which involved working closely with the U.S. military for at least a year. In limited situations, the job requires a specific timeframe (Oct. 7, 2001, to December 31, 2014).
The P-2 designation has made the job qualifications broader and those jobs do not necessarily have to show work with the U.S. military for any minimum time in the job.
The 3 categories that qualify for the P-2 designation:

1. Afghans who do not meet the minimum time-in-service for a Special Immigrant Visa (SIV) but who work or worked at any time as employees of contractors*, Locally Employed (LE) Staff, interpreters/translators for the U.S. government, United States Forces Afghanistan (USFOR-A), International Security Assistance Force (ISAF), or Resolute Support;
2. Afghans who work or worked at any time for a U.S. government-funded program or project in Afghanistan supported through a U.S. government grant or cooperative agreement*;
3. Afghans who are or were employed in Afghanistan by a U.S.-based non-governmental or media organization.

Please be aware that:

• There is no resettlement processing in Afghanistan and certain neighboring countries such as Iran. If/when you and your family make the difficult choice to leave Afghanistan, you will need to arrange and pay for your own travel to a third country.
• Once you have arrived in a third country, you must contact the U.S. Department of State to begin processing your case. Case processing can be lengthy (potentially 12-14 months), so please be aware that this process could require living in and supporting yourself and your family in a third country for a substantial amount of time until case processing is complete.
• Even if you qualify for the P-2 program and travel outside of Afghanistan, there is no guarantee that you will be approved for resettlement to the United States. In particular, applicants must pass extensive security checks.
• The United States is unable to provide protection or support to you while you await a decision on your refugee case. If you leave Afghanistan, you can register for international protection and assistance as a refugee with the government of the country you are in, if the country has an established asylum process; or, you can register with the UN Refugee Agency (UNHCR).

This article is not legal advice. The law is complicated and each case is different. Speak to one of the immigration lawyers at Svetlana Schreiber & Associates to see if you qualify for this or other immigration benefits.

07.29.2021 We often counsel people to try as hard as they can to stay in the US as long as possible because immigration laws are so fungible. They change daily. The current change in administration has been like opening the shutters in a dark house and letting all the light in. Today we were visited by one of our most unfortunate clients. This man has a 10 year old boy who has muscular dystrophy and has an undocumented wife whose kidneys have completely shut down. She is on dialysis 3 times a week. He was being represented by another attorney when he came to us 3 years ago, facing a deportation trial just 3 months hence. The situation was bleak. He did not have 10 years in the US when he was apprehended by ICE and put in deportation proceedings. His previous lawyer filed for asylum. However, his asylum case did not have any chance of succeeding. It was clear that he could not leave the US. We eere able to help obtain DACA status, but this still didn’t solve his deportation problems. He could not abandon his then 7 year old USC son and leave his extremely ill wife in the US. Neither son nor wife could accompany him to Mexico where they would not have proper medical care. 3 years ago, SCOTUS issued a decision in Pereira which would give them a solid opportunity to stay in the US. Several months later, the Trump administration effectively upended the decision, dashing his hopes. We fought on. We kept his deportation case alive. Two months ago, SCOTUS issued another decision reviving the Pereira decision. SCOTUS went further in Niz Chavez, issuing a decision that as of this date had terminated numerous deportation cases. Our client’s chances of receiving a green card have been revived. This is why you should not let your lawyer convince you to opt for Voluntary Departure unless you have a visa with which you can immigrate to the US immediately.

07.26.2021 One of the attorneys in the office was successful in a VAWA application which lingered for many years. A VAWA application is available to a person who married a US or an LPR spouse and who suffered abuse during that marriage. The abuse can be physical, psychological or emotional. If you’re in a marriage and are experiencing such abuse, please know that you can leave the marriage and still get a green card. In a similar situation, we recently had succeeded in getting a case in which the husband was the victim of chronic psychological and verbal abuse during the marriage. Often in these situations, a person will stay in the marriage, at great physical and psychological risk just to get the green card. VAWA gives the victim the option of leaving the marriage.

07.21.2021 We recently were able to obtain VAWA approval for a client who had a very complicated immigration history. He EWE’d into the US and subsequently married his current wife. They sought the assistance of a lawyer, who advised them to get divorced as he was going to have to go back to his home country to get his green card (see above). They divorced and he went back to his home and had an interview. At the interview, the consular officer uncovered that he had been in the US illegally for more than a year and told him that he needed a waiver. Instead of filing the waiver, our client and his divorced wife decided to come back to the US illegally. This triggered a 2121(A)(9)c penalty. When the client approached us, his wife was very difficult, very stubborn, very controlling and so we tried to ascertain if he was, indeed the victim of psychological abuse .Once we confirmed that he was the victim of abuse by this wife, we filed a VAWA application which was approved today. We expect to terminate his removal hearing under Niz Chavez.

07.17.2021 If your spouse or adult child is currently serving in a branch in the US military or has previously served and is now a Veteran, you may well be able to apply for the special immigration status of Parole In Place or PIP. This benefit is granted by the Immigration Service and it has three benefits: it gives you deferred action and protects you from being deported.; it gives you work authorization and it is viewed as an admission to the US for the purpose of filing a green card application. Thus a person who EWE’d into the US (entered illegally) can apply for a green card, either through a petition filed by a US spouse or a US adult child without having to leave the US. This offers opportunities for people who otherwise cannot get a green card. Remember, that if you entered the country illegally under most circumstances, you have to return to your home country. Leaving the US triggers a 10 year bar to returning. The only way to ask for a waiver of this penalty is to show that your USC or LPR spouse or parent will suffer extreme hardship if separated. Most of our clients do not have a USC or LPR spouse or parent and cannot avail themselves of such a waiver. Thus people who can apply for PIP have get a benefit from having a military family member.

06.11.2021 Our Middle Eastern client married a USC and was trying to get his green card, based on marriage to his USC wife. Although everything was approved, the government charged him with being a terrorist, and as a resul of the terrorist bar,( arguing that his membership in a guerrilla group that was fighting the Hezbollah was a terrorist organization and subjected him to the bar). Our office was able to prove that the said bar did not apply as this clandestine organization, which was in fact, aligned with the US and that fighting against the Hezbollah was counter terrorism. Our client was able to prevail and he was granted his green card.

06.10.2021 Today a Mexico mother of 3 children was granted cancellation of removal by the Immigration Judge. We are so proud of the work of our associates. This Mom was able to convince the EOIR that the rape and abuse she suffered from her husband was nothing compared to the fear she had of taking her 3 children, all of whom have severe learning disabilities and would have no special accomadations in Mexico. The children would suffer extreme hardship if the mother were to be deported.

06.09.2021 Our client, a producer of an environmentally friendly product attempted to hire a foreign engineer to help with operations in the US. We were trying to do an NIV application, arguing that our client had extensive experience to man the work at the Cleveland production facility. When we actually started the work, the employees accreditations were unacceptable and we had to struggle to prove that the company’s work was in the Nationl Best interest and that the workers qualification met the necessary requirement. We succeeded.

06.08.2021 Another Middle Eastern client who was referred to us by an Islamic social service agency has been facing immigration problems arising out of CIS’s accusation that he had entered into a fraudulent marriage succeeded in reversing that situation and we got him his green card. We are so pleased. Ensalah!!

06.07.2021 Courts drowning in backlog pose lingering immigration challenge

06.02.2021 U.S. formally ends Trump’s 'remain in Mexico' asylum policy

05.13.2021 Yesterday was an excellent day! We were able to stop the deportation of a mother of 3 US citizen girls, ages 16, 12 and 7. While it may appear conclusive that the US government would act in the best interest of children, it does not do so in immigration matters. It is difficult, nearly impossible to stop the deportation of a parent, unless the child has an extremely serious medical condition, one that is a matter of life and death, such as, say, cancer. Yet, with tireless and systematic preparation, at the conclusion of a long 2 day trial, we were able to convince the Immigration Court to grant our client the relief. As a result, she will become a permanent resident and raise her children with no further threat from Immigration Authorities. I was joined at the trial table by two stalwart associates. We won!

05.12.2021 She thought she was adopted. Now, her fight to stay in the US is just beginning.

05.10.2021 Our office has been successful in receiving approvals of T visas with work authorization within one year. These visas are for employees who have been victimized by their employers either by not paying them their wages, threatening to call immigration on them, forcing them to work long hours without properly pay and withholding their immigration documents as a threat.
DACA travel is back and we are sending approved DACA recipients back to visit family in their home country.

05.06.2021 On Apr 29, 2021, the Supreme Court made an important immigration decision. The name of the case is “Niz-Chavez v. Garland.” To understand what this decision means, you have to understand “cancellation of removal.”
Before the government can deport an undocumented immigrant, the immigrant usually has the right present his or her case to an immigration judge. That person may stay in the US if he or she qualifies for certain immigration benefits. Some of those benefits lead to a green card.
One of those benefits is "cancellation of removal." It is hard to get, but one thing an immigrant needs is to live in the country for ten years *before* his or her immigration case starts in the immigration court.
The case with the court starts when the government gives the immigrant a document called a "Notice to Appear." It is similar to a subpoena because it tells a person they have to go to immigration court to stop their deportation.
The Immigration and Nationality Act makes it clear that the NTA must have the date and time. That is an important point.
The US Supreme Court has decided two cases about this point. The first time was in 2018, “Pereira v Sessions.” The Court said that an NTA is not valid if it doesn't have a date and time. This meant that a lot of people who did not live long enough in the country long enough to qualify for cancellation of removal suddenly had enough time.
After that case, the people in charge of the immigration courts made new rules saying if the court sends papers *later* with the date and time, that makes the NTA valid. This meant that a lot of people who were eligible for cancellation of removal were suddenly ineligible again.
The Supreme Court’s new decision says that's wrong. The NTA is invalid if it does not have the date and time, and the court cannot fix that by sending other papers with the date and time. Once again, more people may be eligible for cancellation of removal.
This is a major win for immigrants all across the country. Many people who have no legal status may now be eligible for this immigration benefit. This may lead to more immigrants getting a green card in the future.

This article is not legal advice. The law is complicated and each case is different. Speak to one of the immigration lawyers at Svetlana Schreiber & Associates to see if you qualify for this or other immigration benefits.

04.28.2021 DACA travel good news. It is well know that entry to the US during COVID was severely restricted. One of our clients had difficulty trying to enter US on an approved U visas, despite the very generous and ameliorative U visa rules. However, another immigration client, who has approved DACA was able to reenter the US after a short trip to Mexico. He desperately wanted to see his dying father. We were able to obtain advance parole but cautioned him that he may not be allowed back into the US, even with the approved I131. The good news is that he traveled and was allowed to enter at customs. He will still have to travel to the Consulate to process his approved immigrant visa, as the AG had reversed Matter of Arrabally

04.15.2021 Heather Cox Daughter of Purepecha, Mexican tribe earns full ride to Harvard

03.15.2021 Heather Cox Richardson, in her article today, untangles the complicated history we have with our Southern neighbor.

03.08.2021 When our wonderful legal assistant, Zeynoon Elassal, whose family owns the much loved, Felafel Cafe http://www.falafelcafecleveland.com/ becomes the subject of the immigration story we tell. https://www.msn.com/.../lolas-legacy-how.../ar-BB1e891E... This is why we do what we do!

03.01.2021 We just got a U visa approved for a person who was a victim of menacing incident. He was sitting in a car with 3 other people, when a stranger came up to the car and smashed the car with a baseball bat. We successfully argued to the Immigration Service that the attack on the car with a bat was the same as being threatened with a bat, and hence threatened with assault with a weapon. The case was approved. A person who is a victim of a crime in the US can file for a U visa, if the police certifies that the victim cooperated with the police in the investigation of the crime and the crime is a qualifying crime under that statute. An felonious assault is defined as an assault with a weapon. A person has to maintain U visa status for 3 years, after which they can apply for a green card.

02.24.2021 Biden Revokes Trump’s Pause on Green Cards

02.16.2021 President Biden has sent an Immigration Reform bill to Congress that is very expansive. It proposes the following:

1. The bill allows undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass background checks and pay their taxes.
2. Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation.
3. After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens.
4. Applicants must be physically present in the United States on or before January 1, 2021.
5. The Secretary of the Department of Homeland Security (DHS) may waive the presence requirement for those deported on or after January 20, 2017 who were physically present for at least three years prior to removal for family unity and other humanitarian purposes.
6. Lastly, the bill further recognizes America as a nation of immigrants by changing the word “alien” to “noncitizen” in our immigration laws

02.14.2021 Biden Administration Unveils Plan to Process Asylum Seekers Subject to the Migrant Protection Protocols

02.13.2021 Biden Is Planning To Scrap Trump's Version Of The Citizenship Test That Critics Said Was More Confusing

02.09.2021 Syrian beneficiaries of approved I-130 Petitions for Alien Relative may apply directly for consideration under the U.S. Refugee Admissions Program without a referral by UNHCR. Beneficiaries may also include their derivatives on their refugee case. Derivatives are defined as spouses and unmarried children who were under 21 years of age on the date the I-130 petition was approved by USCIS. Refugee processing under this program is currently available in the following locations: Algeria, Bahrain, Egypt, Iraq, Israel, Jordan, Kuwait, Lebanon, Morocco, Oman, Qatar, Saudi Arabia, and United Arab Emirates If a beneficiary is interested in pursuing refugee resettlement through this program, either the beneficiary or petitioner should complete the required forms in accordance with the instructions on the forms. Beneficiaries must be physically present in their selected location of processing before submitting their EOI forms. Regardless of whether an eligible beneficiary elects resettlement as a refugee under this program, his/her approved immigrant visa petition will continue to be processed by the National Visa Center. The U.S. Refugee Admissions Program is free of charge to applicants.

02.09.2021 Syrian beneficiaries of approved I-130 Petitions for Alien Relative may apply directly for consideration under the U.S. Refugee Admissions Program without a referral by UNHCR. Beneficiaries may also include their derivatives on their refugee case. Derivatives are defined as spouses and unmarried children who were under 21 years of age on the date the I-130 petition was approved by USCIS. Refugee processing under this program is currently available in the following locations: Algeria, Bahrain, Egypt, Iraq, Israel, Jordan, Kuwait, Lebanon, Morocco, Oman, Qatar, Saudi Arabia, and United Arab Emirates If a beneficiary is interested in pursuing refugee resettlement through this program, either the beneficiary or petitioner should complete the required forms in accordance with the instructions on the forms. Beneficiaries must be physically present in their selected location of processing before submitting their EOI forms. Regardless of whether an eligible beneficiary elects resettlement as a refugee under this program, his/her approved immigrant visa petition will continue to be processed by the National Visa Center. The U.S. Refugee Admissions Program is free of charge to applicants.

02.03.2021 Biden signs immigration executive orders and establishes task force to reunite separated families

01.21.2021 Biden administration to pause deportations, curtail arrests

01.21.2021 Biden’s day one immigration bill, explained - Vox

01.19.2021 Joe Biden’s immigration plan lays out path to citizenship
The Biden/Harris plan, if it becomes law, will have an eight-year pathway to actual citizenship, not just green card. It will put millions of qualifying immigrants in a temporary status for five years and then grant them a green card once they meet certain requirements such as a background check and payment of taxes. They would then be able to apply for citizenship three years later.

It is important to maintain status in order to move from visa to visa. If you are interested in remaining in the US permanently, it would be best for you to maintain your status. With a student visa already approved, you have to merely enroll in school in the fall to maintain your I20 currnet. Check with your DSO.

We will discuss the H1B, the U visa, a H visa, O visa and employment based green card.

1. The H1B visa, available to people with a 4 year degree who have an offer of employment in a position that requires a 4 year degree to do this, you need a qualifying sponsor. The visa is available for a part time job as long as both the applicant have, and that the job require a 4 year degree.
2. The U visa is available if you or one of your children were a victim of a crime. Domestic violence is a qualifying crime. The crime has to have been reported to the police.
3. The O visa is available to people with extraordinary ability. For example, if you have worked as an artist has been reviewed and that you have had several exhibitions. It is not uncommon to ask people who have access to help generate some press. Equally important are letters of opinion from recognized experts. So you could ask some of you professors to comment as to your abilities and hopefully friend can also comment. Since these cases are adjudicated on the paper submission, the more letters we have the better. It is possible that we could file the O by August, and that would preclude your having to go to school to maintain status.
4. Lastly the green card requires that you have a sponsor, either an employer or a family member. So you could marry a USC or greencard holder, that person becomes the petitioner. Perm application initiate the process with the DOL and then the case moves to CIS. This is most likely the best option. As long as both parties sincerely believe that the process is bonfide, it does not require you to continue to work for employer after greencard.

07.31.2018
For the past 15 years I have both the honor and privilege of working with immigration clients from around the globe. It is through my immigration work here at Svetlana Schreiber & Associates that I have come face to face with the hardships, trials, and tribulations that our immigration clients and their families face on a daily basis. Their escape from terrible sufferings in their home countries, to being hounded in the US while all they are looking for is a chance to live safely and hopeful to obtain green cards, or some other form of permission to stay here permanently, safe from the harrowing dangers of their own countries.

The recent immigration raid in Sandusky, Ohio was no exception. A news story which only existed in print for most folks, directly affected me in my work and tragically showed me again, the direct impact of such raids on our clients, and on their families.

One such client’s father was arrested by ICE two days after his High School graduation. He is only 18 years old and on DACA. When he and his family came crying into our office we immediately set out to help them. His future of going to college in August was in limbo. The family used all his college savings to help pay his father’s bond and help support his mother and two younger siblings. He started working 17 hours a day to make sure he was keeping up with their monthly bills. His family, friends, pastor and local church members worked hard to get us the documents needed to get the father out on bond. This was a community that came together to help each other. This is the American way. As I sat with him in my office I reassured him that we would get through this together and his dream of going to college was in reach. Our office was successful in getting his father a bond. We hope that we will be able to help this family immigrate and get green cards.

Vivian Gambino-Holly
Law Clerk
Svetlana Schreiber & Associates