Category: Uncategorized

Congratulations to client and his family on 237(a)(1)(H) win in Boston Immigration Court!

Attorney Ellen Sullivan successfully represented a client on an application for 237(a)(1)(H) before Judge Gagnon at the Boston Immigration Court. The client was charged as removable (deportable) for fraud related to his immigration benefits. In addition, the client had two criminal dockets, neither of which resulted in criminal findings against him.

By painting a full picture of the client’s life with his wife and their young children, Attorney Sullivan was able to convince the Immigration Judge not to deport the client, despite his serious mistakes. By winning the 237(a)(1)(H) waiver, the client is able to maintain the lawful permanent residence status that he obtained years ago.

This is truly a happy ending for a deserving American family!

USCIS incorrectly sends approved I-130s to National Records Center

When your I-130 is approved, it should be sent to the National Visa Center if you will be consular processing your immigrant visa. Recently, applicants have reported that approved I-130 cases have been sent to the National Records Center instead of the National Visa Center. Clearly, this poses a problem for any consular processing application. For folks applying for I-601A provisional waivers of inadmissibility, this causes an additional problem of delaying their ability to file Form I-601A because it can only be filed after the applicant pays the immigrant visa fee to the National Visa Center (NVC).

USCIS has created an email address (for attorneys only) to notify USCIS when this problem occurs on a case. Please contact my office if your case involves this USCIS mistake so that I can help you resolve the problem quickly and correctly.

TPS Registration Deadline for Liberia, Guinea, and Sierra Leone is May 20, 2015

The deadline for registration for TPS for Liberia, Guinea, and Sierra Leone is quickly approaching. USCIS must receive applications by May 20, 2015. I advise clients to file before the last day, but in all cases, by May 20, 2015. Clients should keep a full copy of the entire application package and send it via certified USPS or secure carrier such as Federal Express or DHS.

Note that TPS applicants must submit Forms I-821 and I-765 along with all required fees, supporting documents, and photos.

Additional information about TPS for these countries is available on the USCIS website: https://www.uscis.gov/news/alerts/tps-registration-deadline-liberia-guinea-and-sierra-leone-may-20-2015.

Don’t say you are US citizen and don’t vote unless you are!

There are extremely harsh and unforgiving penalties against immigrants who claim (in almost any way) to be a US citizen or who vote in (almost any) local, state or federal election in the US. The Board of Immigration Appeals recently upheld a removal (deportation) order against an immigrant (not a US ciitzen) who did not realize that it was an unlawful voting. For more information see Matter of Fitzpatrick, 26 I&N Dec. 559 (BIA 2015).

Board of Immigration Appeals Reverses Discretionary Denial of Adjustment

unlawful votingThe Board of Immigration Appeals (BIA) sustained the respondent’s appeal and found the immigration judge erred in denying his application for adjustment of status as a matter of the discretion. Unpublished BIA decision reverses discretionary denial of adjustment application upon finding respondent’s positive equities outweighed his conviction for driving while intoxicated and more than $1,200 in student debt. For more details please check Misumi case.

Petition on AILA- Help Mother and Her Daughter

Please take a moment to check the sign-on petition on AILA website and tell ICE you support the release of Melida and her four-year-old daughter Estrella from family detention in Karnes City, Texas.

The American Immigration Lawyers Association (AILA) and her counsel will deliver the petition to ICE and DHS.

Contact Karen Lucas, klucas@aila.org, or Greg Chen, gchen@aila.org, with questions.

Attorney Ellen Sullivan Joined AILA’s Pro Bono Program

I recently joined American Immigration Lawyers Association’s (AILA) volunteer program to assist military members and their families on immigration matters. AILA generously devotes time and professional skills to public service. I am looking forward to actively support this program.
For further information on voluteer programs visit AILA Pro Bono

Attorney Sullivan Attended AILA New England Chapter Meeting

Attorney Sullivan has been an active member of the American Immigration Lawyers Association, AILA for almost ten years. AILA provides excellent opportunities for learning from experience colleagues on all matters related to the practice of immigration law.

On Thursday, April 9, 2015 Attorney Sullivan will attend AILA New England’s monthly chapter meeting. The topic of the meeting was asylum and featured Susan Raufer, Director of the Newark Asylum Office.

Attorney Sullivan represents many clients on asylum cases with a focus on gender-based and sexual-orientation based claims. Some cases have been lingering for almost three years without an interview. At the meeting, Attorney Sullivan learned why the cases are so backlogged.

Local DHS/ICE Changes Surrender and Deferred Action Requests

The local AILA chapter just announced that the current Special Agent in Charge of Homeland Security Investigations will be transferring to Washington, DC in June 2015 and that “as a result of a change in leadership, the future of the surrender and deferred action program is uncertain.” This means that local immigration attorneys and their clients may face more challenges when requesting ICE to issue Notices to Appear and to agree to Deferred Action. If you believe that you have a strong Surrender or Deferred Action case, you may want to consider immediately consulting with an immigration attorney who can help you meet the imminent deadlines for having your case reviewed locally.

Tufts University Takes Unconventional Stand to Provide Education to Undocumented Students

The Boston Globe reported this week that Tufts University announced a plan to recruit and provide 100% financial assistance to undocumented immigrants who are admitted to the university. The plan demonstrates a deep compassion for children who brought to the U.S. at very young ages, grew up in the U.S., excelled in school, and upon graduation face the bleak reality that without immigration status, their options for education and employment are severely limited, if not non-existent. Opponents of Tufts’ plan point out that many U.S. citizens and/or documented immigrants face enormous challenges in financing education at private secondary institutions. 

What are your thoughts on this complex dilemma?