Tag: deportation

From Misunderstandings and Medical Challenges to Citizenship Victory: How Cambridge Immigration Law Helped an Immigrant Overcome Hurdles to Achieve US Citizenship

Discover how Cambridge Immigration Law helped an immigrant overcome legal hurdles and medical challenges to achieve US citizenship in this inspiring story.Almost two years ago, a mother of an adult son called our office desperate for help. Her son recently attended a US Citizenship interview. Shortly after the interview, he received a Notice of Intent to Revoke his previously renewed and approved marriage-based green-card. Her son (the applicant for US citizenship) was shocked by the accusations in the Notice. USCIS accused her son of lying to get his green card, lying on various immigration applications, and then lying at his US Citizenship interview.

Our team met with the mother and her son and spoke with them at length. We learned that for years the applicant for US citizenship had suffered from various medical challenges including schizophrenia. These debilitating conditions affected his memory,  his ability to understand written and spoken language, and his ability to express himself verbally and in writing. While the applicant had submitted a valid N-648 Medical Certification of Disability, USCIS somehow did not understand that the applicant’s disabilities were the cause of the mistakes on his applications and testimony. Looking at his immigration file with the understanding that this applicant struggled with memory, cognition, and communication skills it was clear that the “lies” alleged by USCIS were sadly misunderstandings and miscommunications caused by the applicant’s serious medical conditions.

The applicant hired our team to respond to the Notice of Intent to Revoke. We prepared multiple letters of support from the applicant’s family and friends. The family and friends explained that the applicant’s relationship with the US citizen ex-wife was real. They couple loved each other, but their relationship and lives became complicated when the applicant started struggling with schizophrenia, which went undiagnosed for years. We prepared documentation that thoroughly proved that the applicant’s medical conditions caused his memory and communication problems. We submitted an excellent and clear package that defended the client against USCIS allegations of lies and USCIS’s attempts to not only deny the client’s citizenship application but also to revoke his lawful permanent resident status.

USCIS delayed over 20 months in responding to our submission. Our firm contacted USCIS at least six times in various formats–emails, online inquiries, written requests. In February 2023–20 months after we responded to USCIS–we received the amazing news that the applicant was scheduled for a Naturalization Oath Ceremony. Weeks later, he became a US citizen. Now, his decade-long journey to US citizenship has ended in victory. The applicant, and his entire family, now know that they will never lose their son to deportation from the United States. With his US passport and Certificate of Naturalization, he has all the rights, privileges and protections of a proud US citizen.

 

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.

Rights Activist Settles Lawsuit

Immigrant Rights Activist Settles LawsuitNew York city rights activist Ravi Ragbir, an immigrant recently settled a lawsuit with Immigration and Customs Enforcement. He argued in court that he was targeted for deportation because of his outspoken criticism of the organization and the larger immigration system. The rights activist has received a three year reprieve from deportation from winning the case, according to The Intercept news.

The decision takes an important place in a larger legal battle regarding the government’s ability to target specific people because of their political speech. It also confirms First Amendment rights for immigrants, something that must be protected for all.

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of couples traverse the complicated immigration and citizenship process. We would love to help you as well. Call 617-714-4375 or email hello@cambridgeimmigrationlaw.com to get in touch.

A Judicial Loss In The Fight Against Deportation

The Supreme Court has just further complicated the lives of many immigrants, putting them at a disadvantage in the fight against deportation. Tuesday’s 5-to-3 ruling placed the burden of proof on undocumented immigrants seeking to challenge deportation orders.

The ruling came in the case of Clemente Pereida, who used a fake Social Security card to get a job as a janitor. He pled no contest to the crime of “attempted impersonation” and was fined. The courts ruled Pereida’s action a crime of “moral turpitude.” The conviction led the Department of Homeland Security to issue a deportation order. Pereida appealed to the US Attorney General, but the crime’s categorization as that of “moral turpitude” made it legally impossible for the Attorney General to cancel the order of removal. Clemente Pereida then turned to the Supreme Court, where he was shut down by the five conservative judges.

The decision against Pereida has important implications. The ruling places many immigrants at a disadvantage in deportation legal battles, especially those unable to afford counsel. Stanford law professor Lucas Guttentag has expressed concern that the ruling will make it easier for immigrants to be deported for relatively small crimes. Justice Stephen Breyer, who wrote the dissenting opinion, believed the majority’s decision “risks hinging noncitizen’s eligibility for relief from removal on the varied charging practices of state prosecutors.” Furthermore, it discourages many immigrants from seeking justice through the highest judicial authority in the country. The conservative bias of the court is apparent in the ruling, and it is a bias that threatens the rights of immigrants.

Heartbreaking Deportation of Connecticut Mother

The Trump Administration continues its senseless and arbitrary deportations of longtime members of our communities, of people who have contributed to our neighborhoods, our schools, our restaurants, our shops, and our diversity. The administration forgets, or likely refuses to admit, that our economy and our culture depends on people who are willing to work hard at jobs that are difficult or impossible to fill, whether those jobs are high-tech jobs or home-cleaning jobs. US workers should not be displaced, however the reality is that US workers are not able to fill some jobs, such as high-tech jobs or rural physician jobs, or are unwilling to take other jobs, such as low-paying, grueling jobs such as cleaning our homes.

Read the story at http://wnpr.org/post/without-documentation-or-criminal-record-immigrant-mother-faces-deportation?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily.

Visa Revocation Due to a DUI Arrest or Conviction in the US

Can a Consular Officer End Validity of a Visa due to a Driving Under the Influence (DUI) Arrest or Conviction while the visa holder is in the US?

The answer is yes. If a visa holder is arrested/convicted due to a DUI violation while physically present in the US, the Department of State’s consular officers may revoke the visa, meaning ending the validity of a visa without making a determination that the visa holder is inadmissible.

It is important to know that cancellation of a visa by the Department of State/consular officers does not override the visa status granted by Customs and Border Protection at the time of entry to the US or the visa holder’s stay in the US. However, the visa holder should know that the visa is not valid for future entries to the US if the visa holder travels outside the US. The individual has to apply for a new visa and demonstrate eligibility, which s/he may not be able to do on account of the DUI arrest/conviction.

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Marriage-Based Green Card Document Guide

We work hard to make your immigration case easy for you. Use this easy guide to help you organize the documents that you would use if you are eligible to submit an application for a marriage-based green card application. You should consult with an attorney to figure out if you are eligible for a green card before you submit any applications or documents to the U.S. government.