Other Immigration Benefits

Our office provides legal service for the following types of immigration matters:

• Replace / Renew a Green Card: A Legal Permanent Resident (LPR) living in the United States who needs to replace or renew their green card because it has expired (10-year green card, NOT two-year conditional card); it has been lost, stolen, damaged; they have an old-version green card; they have legally changed his/her name or other biographic information; or the original card was issued before his/her 14th birthday and now he/she is over 14 years must file an Application to Replace Permanent Resident Card with all supporting documents.

• Change of Status: Many nonimmigrants enter the United Status in one status and may decide to change to another nonimmigrant status while in the United States. This can be done if the nonimmigrant entered lawfully/legally with a nonimmigrant visa, that nonimmigrant visa is still valid, and he/she has not committed a crime that would render him/her ineligible.

• Visa Extensions or Extensions of Stay can be granted if an individual is eligible for an extension of his/her current nonimmigrant status and the extension is applied for prior to the expiration of the individual's authorized stay in the United States. The period of authorized stay is usually the date marked on the I–94 card, the small white card which is given at the port of entry and shows the date of entry and the date by which you must depart the United States. To qualify for an extension of stay, you must prove ties to your home country, adequate financial means to remain in the USA, and an intent to return home at the end of the extension.

• Immigration Waivers are available for persons who are otherwise inadmissible to the United States or ineligible to adjust status (green card), due to being inadmissible, unlawful presence, some criminal convictions, health-related grounds, and physical and mental disorders, to name a few. It is best to submit a waiver application with the visa application. However, most individuals are not aware they need a waiver and often times find this out during the visa interview when it can be too late. There are several types of waivers that depend, in part, on whether a person is planning to move permanently or temporarily to the United States. Some of the most commonly used waivers are I–601A, I-601, and I–212. Winning a waiver case requires submitting documentary evidence and a written brief, which entails extensive research, reviewing cases, regulations, and laws that pertain to your case. Waivers are discretionary; therefore, it is best to consult an immigration attorney before filing a waiver to ensure that all evidence is presented and areas of the law addressed.

• Appeals and Motions: If the immigration court denies your case or orders you deported, you can either file a Motion or an Appeal. A Motion to Reopen asks the court to reopen the proceedings because you have new facts or evidence that was not reasonably available during the hearing. A Motion to Reopen can also be filed if you have new circumstances to present or if an attorney inadequately represented you, or you have an old case in which you were ordered removed but had no knowledge of the court date. This is known as an In Absentia Motion to Reopen. Motion to Reconsider asking the court to reconsider its original decision because it failed to consider certain evidence or apply applicable law.

  You can also appeal the Immigration Court's decision to the Board of Immigration Appeals (BIA) within 30 days of the Immigration Court's denial asking the BIA to review the Immigration Judge's decision.

  Both motions and appeals require very thorough, detailed, well-researched, written arguments supporting your case and showing how the immigration judge incorrectly decided your case. Therefore, it is best to contact an immigration attorney to review the basis of the denial as outlined in the denial notice and determine the best course of action.

• A Request for Evidence (RFE) is a request sent by USCIS asking for additional items, clarification, or proof before making a determination on a case. It is imperative to respond to this request within the timeframe allotted to prevent the petition from being denied.

  A Request for Evidence must be answered completely and thoroughly because it is usually the only chance you will have to clarify the issues raised. Sometimes a denial that results from an inadequately answered RFE can result in a permanent ban. It is best to get professional help from an attorney before responding to an RFE, especially if points of law are to be addressed as these often require extensive research, reviewing cases, regulations, and laws. Many RFEs are complicated; therefore, a well-prepared case is imperative for a positive outcome.

• Notice of Intent to Deny (NOID) is issued by USCIS when USCIS feels the evidence sent does not support a finding of eligibility for the benefit sought. A NOID is issued explaining the reasons the case may be denied and generally 30 days, to respond. A well-crafted response could result in the petition getting approved. Therefore, it is best to seek the assistance of an immigration attorney when a NOID is received.

• Writ of Mandamus is an action filed in federal district court to compel a governmental agency or lower court to act on a pending case that has been unreasonably delayed. In the immigration context, the governmental agency is the United States Citizenship and Immigration Services (USCIS).

  A Mandamus action is a detailed process filed by the grieved party whose petition or immigration benefit is unreasonably delayed. If the Mandamus is granted, then USCIS must make a decision on the immigration case that has been unreasonably delayed. These cases are generally adjustment of status (green card) or application for naturalization cases. A Mandamus action can be filed for other types of petitions, such as H–1, I–130, I–140, etc. Before filing this action, all other remedies of relief must have been exhausted.