Cambridge Immigration Law
Cambridge Immigration Law

Category: News

Marriage-Based Green Card Interview Victories and Horror Stories

Marriage-Based Green Card Interview Victory – Awesome Interview #1

April 13, 2023

The interview is a critical part of your USCIS immigration application, if your case requires an interview. Being represented by an attorney at the interview sometimes makes the difference between winning and losing your case. 

(This exact interview scenario happens often!) Cambridge Immigration Law prepares amazing application packages for our clients because we know that a USCIS will look at the application package at least for a few minutes before calling the applicants into the interview. When that USCIS Officer sees a clear, well-documented application that addresses all legal and factual aspects of a case, the Officer can start the interview with approval in mind. In fact, many times when my clients and I have entered the interview room, the USCIS Officer says, “I’ve looked at the case. I’m going to approve it. I just need to ask a few questions.” I have been in and out of even marriage-based interview in less than 10 minutes with approvals!

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

Journey to Citizenship Overcoming Trauma and USCIS Delays

Journey to Citizenship: Overcoming Trauma and USCIS Delays

April 11, 2023

Four years ago, a wonderful person came to my office seeking help. She was confused about what USCIS planned to do with her “green card” and was terrified that she would be deported from the United States. She was faced with a devastating decision of whether to bring her young US citizen daughters to live in her home country, where deadly violence was rampant, or leave them in the US without her.

She came to me because USCIS had sent her a “Request for Evidence” (RFE) after she and her now ex-husband had submitted Form I-751, Petition to Remove Conditions on Lawful Permanent Residence. She and her ex-husband had split up, and he refused to assist her with the case. The client informed me about her experience with her ex-husband, and it became apparent that he had subjected her to abuse and extreme cruelty. We decided to file a waiver of the “joint” I-751 petition based on abuse. This meant that we would renew her “green card” without her husband’s support by explaining that he, a US citizen, had abused her during their marriage.

For the next few months, the client worked with me to prepare a clear explanation of her experiences with her abusive husband. We submitted the petition and hoped for a speedy approval by USCIS. However, many months passed, and there was still no decision by USCIS. The client then decided to file for US citizenship, once again explaining that she was eligible based on her ex-husband’s abuse of her.

Then, two years after the client first hired me, USCIS scheduled her for an interview on her I-751 Petition and N-400 Application for Naturalization (Citizenship). While we prepared for the interview, we realized that the client had forgotten important information in prior USCIS applications. We discovered that the client had blocked out the memory of a prior abusive marriage that she had not previously disclosed on USCIS applications. We quickly connected the client to a mental health specialist who could analyze why the client had forgotten about her first marriage when she had been previously asked about all of her past marriages. The mental health specialist determined that the client suffered from Post-Traumatic Stress, which caused her brain to protect itself by suppressing memories of past abuse, including her entire first marriage. The mental health specialist explained that this was a common response to trauma, and the client’s mistake in not previously mentioning the marriage was not an intentional lie–it was a trick her brain played on her to help her survive after trauma.

We attended the interview, confident that we could explain the client’s full story and all inconsistencies in her past applications. Unfortunately, we ended up with an officer who doubted her answers throughout the interview and distorted what she said over and over, despite my corrections to his mistaken understanding of her answers. He wrote a statement that he wanted her to sign, and I insisted that he correct it four times because he repeatedly misstated the client’s answers in the written document. I spoke with a supervisor and explained how we presented our case clearly and proved that the client was eligible for the green card and citizenship applications to be approved. However, both the USCIS supervisor and officer refused to approve the decision that day.

After the interview, several months passed before we heard anything from USCIS. I contacted them on multiple occasions, but still, there was no decision. Finally, after almost two years since the client hired me, USCIS approved her I-751 Petition, and her green card was extended for another ten years. While it was great news, I knew that the client was still waiting for her citizenship application to be approved. I considered suing the federal government over the delay, but the client was hesitant to take that step. So, I kept pestering USCIS until we finally saw an online update, almost three years after the client hired me, that her case had been scheduled for a Naturalization Oath Ceremony. The client, her family, and my entire team were thrilled that she finally received the result that she deserved. Our client is now a proud U.S. citizen.

–Ellen Sullivan, Esq.   Founding Attorney Cambridge Immigration Law, P.C., April 11, 2023

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

Does having an attorney at your Marriage-Based Green Card USCIS Interview make your case look suspicious?

April 5, 2023

Does having an attorney at your Marriage-Based Green Card Interview make your case look suspiciousAbsolutely not! Having a good attorney makes you look, and actually be, prepared for your USCIS interview. 

Before the interview, your attorney should do the following:

  1. Provide you with a copy of your application and ask you to carefully review it for updates and edits (mistakes)
  2. Provide you with a list of common interview-questions that you can review and practice with your spouse
  3. Meet with you for about 60 minutes to review any updates/edits and conduct a mock interview with you and your spouse
  4. Assess why your case may have been scheduled for an interview (since most cases are not schedule for interview, as of fall 2023) and prepare explanations and documentation that will address the potential weaknesses/problems in your case
  5. Provide you with a check-list of documents that you need to provide to the attorney or bring with you to the interview

If your attorney is not taking those steps to prepare you for the USCIS interview, then your attorney is not doing his/her job and you should consider hiring a new attorney to represent you at your interview. 

During the interview, your attorney should take thorough notes of the officer’s questions and your answers, provide documents that they officer cannot find, provide explanations of your immigration history, criminal history, and any legal issues in the case, push back on the officer if s/he is asking inappropriate or irrelevant questions or badgering you or your spouse, and/or speak with a USCIS supervisor if the officer is not appropriate or does not give a decision on the day of the interview. The attorney should explain that the best way to get information from the spouses is in person, and that USCIS should take the opportunity that day to obtain information from the couple that they need. Also, you or your attorney should suggest that USCIS call the people who wrote letters of support for you in order to confirm the testimony that they provided in their letters. 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

When will your “green card” arrive in the mail?

April 5, 2023

After an adjustment of status interview and I-485 approval, your green card will usually arrive about one week after USCIS orders that the card to be produced. You can check the status of your case online at USCIS.gov at “Case Status”  using the receipt number on the of your USCIS notices. Usually you will see updates after the interview explaining if the case is under review, approved, or denied, or if a request for evidence has been issues, or if the green card is in production or already in the mail. 

However, if you enter the US on an immigrant visa (meaning, your case was processed through a US Embassy or Consulate), you will receive your green card about 30 to 120 days after you enter the US for the first time using your immigrant visa.

 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

When will you get a decision after your Marriage-Based Green Card Interview?

April 4, 2023

When will you get a decision after your Marriage-Based Green Card InterviewYour USCIS officer may give you a decision while you are at the interview. However, there is no requirement for USCIS to give you a decision on the day of the interview. If you do not get a decision at the time of the interview, you (or your attorney) should ask to speak with a supervisor and then advocate to the supervisor for a decision on that day. 

After speaking with a supervisor, it may be clear that no decision will be made that day, then you should ask the officer when s/he plans to make a decision. Usually you will get a decision within a few days of an interview. If you do not receive anything from USCIS within 30 days of the interview, then you should contact USCIS (online) to request a copy of the approval notice. USCIS Boston states that decisions will come within 6 months, but in our experience, it is completely out of the norm if a case takes longer than a week to receive a decision. 

You can check the status of your case online at USCIS.gov at “Case Status”  using the receipt number on your USCIS notices. Usually you will see updates after the interview explaining if the case is under review, approved, or denied, or if a request for evidence has been issued, or if the green card is in production or already in the mail.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

USCIS says that your birth certificate is wrong. What should you do?

April 3, 2023

USCIS says that your birth certificate is wrong. What should you do?You may have received a “Request for Evidence” in which USCIS says that you did not submit the correct format for your birth certificate. Here’s what to do. First, take out the copy of the application that you submitted (I hope you kept a copy!) and find the page with your birth certificate. Second, find your country on the US Department of State Reciprocity website. Third, select your country and scroll to  section called “Birth, Death, Burial Certificates.” Fourth, read the requirements on the website, and compare the requirements to what your birth certificate shows. 

You may see that your birth certificate is NOT the correct format. For example, your birth certificate may have the title “Short Version” but the US Department of State website states that “Only the Long Version is acceptable for visa purposes.” Or, the US Department of State website may require the birth certificate to be issued by the Municipality Registry of Deeds, but yours was issued by the hospital where you were born. 

You may see that your birth certificate is in the exact format specified by the US Department of State. For example, the USCIS Request for Evidence may claim that both your parents’ names are not on the birth certificate, yet you clearly see your parents’ full names. 

If your birth certificate is NOT in the correct format, respond to the Request for Evidence by the deadline with a copy of the correct format of your birth certificate. 

If your birth certificate is in the correct format, respond to the Request for Evidence with a letter that states that the birth certificate that you already submitted is in fact correct and that you are re-submitting a copy of it with your letter. Also, we always ask to USCIS to return to processing your case as quickly as possible and that the erroneous request for a birth certificate is causing you undue stress and unnecessary delay.

Note that the US Department of State website may not state that it requires your name and date of birth to be on the birth certificate. However, your name and date of birth are required information on the birth certificate even if the US Department of State reciprocity schedule for your country does not specifically list those items. 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

Women’s Bar Association Ushers in New Leadership

March 28, 2023

Womens Bar Association Ushers in New LeadershipBOSTON, MA – March 27, 2023 – The Women’s Bar Association of Massachusetts (WBA) held its Annual Meeting and New Lawyer Reception on March 23, 2023 at Suffolk University Law School.

The WBA is pleased to welcome Jessica Babine as the organization’s incoming President.   Jessica is a partner at Cornetta Babine LLC where she practices civil litigation and real estate in Massachusetts and New Hampshire.  Prior to forming Cornetta Babine LLC, Jessica served as lead New Hampshire counsel at a national law firm’s Boston office focusing on business litigation and before that at a local Massachusetts firm focusing on worker’s compensation and personal injury cases.  Jessica has been active in the WBA since 2011, beginning with the New Lawyers Committee, which she co-chaired from 2016 to 2019.  In 2012, Jessica joined the Legislative Policy Committee, co-chairing the LPC from 2016 to 2022.  Beginning in 2019, Jessica was elected to the WBA Board of Directors, and she has served as Secretary, Vice President of Operations, and President-Elect during that time.  In 2020-2021, Jessica was a member of the Women’s Leadership Initiative.  In addition to her WBA activities, Jessica serves as a Board member for the Essex County Bar Association, the North Shore Women in Business, and for her local neighborhood association.

Massachusetts Attorney General Andrea Campbell was the keynote speaker at the Reception that followed. She shared lessons from her life and career and described how the work of the Attorney General’s office intersected with so many issues facing the legal profession, such as reproductive rights, gun rights and violence prevention, and housing issues.  She also emphasized the importance of the Women’s Bar Association and expressed a desire to continue to collaborate with the WBA on future initiatives.

At the annual meeting, the WBA also voted on a slate of officers and elected members of the Board of Directors.  The organization welcomes the following new and returning officers and directors for 2023-24.

WBA Officers

President: Jessica Babine, Cornetta Babine LLC
President-Elect: Alexandra Mitropoulos, Hirsch Roberts Weinstein LLP
Vice President of Membership & Statewide Outreach: Kim Donlon, Major, Lindsey & Africa
Vice President of Operations: Julie Dick, Community Legal Aid
Treasurer: Payal Salsburg, Laredo & Smith LLP
Secretary: Emily Robey-Phillips, Holland and Knight LLP

WBA Immediate Past President

Kristy Lavigne, Office of Bar Counsel

WBA Board of Directors

 At-Large Directors

Jessica Caamano, Goulston & Storrs PC
Margaret Caulfield, Alkermes, Inc.
Martha Coakley, Foley Hoag
Meghan Cooper, Mass General Brigham
Angie Pageler Cunico, Santander Bank, N.A.
Nicole Forbes, G-P
Heather Gamache, Moriarty Troyer & Malloy LLC
Kate Isley, Massachusetts Office of the Attorney General
Elizabeth Keeley, Butters Brazilian LLP
Gwen Nolan King, Nolan & King LLC
Diana Li, Morgan, Lewis & Bockius LLP
Jamie Sabino, Massachusetts Law Reform Institute
Amy Sennett, Karat
Sarah Sousa, Arrowood LLP
Jenna Ventorino, WilmerHale
Sarah Walsh, Robins Kaplan LLP

Regional Directors

Lesley A. Leonessa, Dell EMC (Greater Boston)
Ellen Sullivan, Cambridge Immigration Law, PC (Middlesex)

The new board brings energy, a wealth of experience in varied legal disciplines, diversity, and a steadfast commitment to advocating on behalf of women’s issues.

Incoming WBA President Jessica Babine remarked, “I am honored to serve as President of the Women’s Bar Association, which has been a formative organization throughout the advancement of my career.  Through the WBA, I have gained trusted mentors and friends, and many opportunities for leadership and professional development.  My involvement with the WBA has provided me with a deep understanding of the importance of the WBA’s legislative advocacy to promote a fair and just society.  I look forward to working with our members in the year ahead to make positive changes for women lawyers and all women in the Commonwealth.

Outgoing WBA President Kristy Lavigne reflected, “It has been an honor serving as President this year.  As the world gradually reopened, I am proud of the work that we accomplished this year. I am grateful for the opportunity to have collaborated with so many of our members on issues facing our profession and community, and to have been a voice advancing the full and equal participation of women. Congratulations to Jessica Babine, our new WBA President, and our new Executive Board and Board of Directors, I look forward to continuing our important work with you all.”

 

Contact: 

Jessica Babine
President
Women’s Bar Association of Massachusetts
jbabine@gmail.com

Margaret Talmers
Executive Director
Women’s Bar Association of Massachusetts
(617) 973-6666
mtalmers@womensbar.org

About the Women’s Bar Association of Massachusetts

Founded in 1978 by a group of activist women lawyers, the Women’s Bar Association boasts a large membership of women lawyers, judges, policy makers, and law students across Massachusetts.  The WBA is committed to the full and equal participation of women in the legal profession and in a just society. The WBA works to achieve this mission through committees and events and by developing and promoting a legislative agenda to address society’s most critical social and legal issues.  Other WBA activities include networking and professional development, drafting amicus briefs, studying employment issues affecting women, encouraging women to enter the judiciary, recognizing the achievement of women in the law, and providing pro bono services to women in need through its sister organization, the Women’s Bar Foundation.  For more information, visit www.womensbar.org.

 

**This post is from: https://wbawbf.org/content/womens-bar-association-holds-annual-meeting-ushers-new-leadership**

 

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