Three asylum cases received grant from immigration court judges

We have had three grants in the past 5 days.

Case No. 1.  Client was referred to immigration court from the New York asylum office about two years ago.  We took the case and filed a motion to change venue from NYC to San Francisco; then we filed a motion to advance the hearing for almost 2 years.  Then Steve appeared in court last week.  Steve corrected several major interpreter mistakes to make sure that the true meanings of our client's testimony were accurately reflected in the record.  The judge granted the case in less than 90 minutes.

Case No. 2. Client was detained at El Paso after he fell from a border wall in 2020.  We visited him in El Paso 3 times before he was released on bond.  His hearing lasted for more than 8 hours in 3 separate sessions because the government lawyer kept asking many questions about his CCP past.

Eventually the judge granted his asylum application.

Case No. 3  client had an abortion in China.  She prepared her asylum application with the help of an immigration consultant/interpreter.  The case was referred to immigration court when because asylum office claimed that there were inconsistencies.  We were retained in court.  Today, in less than 40 minutes we received a grant from the judge.  We focused on key elements of the case and we showed that our client is credible.

Since 2019 when we started to record our immigration court cases, we had only one denial due to the one year issue (The case was filed by another lawyer who clearly had committed malpractice by not filing the case immediately when he was retained).  Other than that, we have a 100% success record.

If you want to have a fair shot at your asylum case, especially if your case is in immigration court, you should consult with experienced and devoted lawyers.

Our client received green card in court two months after I-360(battered spouse) approval

Client applied for asylum and it was referred to court.  She then married a green card holder and her husband filed for I-130. The immigration judge administratively closed her case so she could seek adjustment of status before the USCIS.  Then she was abused by her husband.  We filed I-360 for her.  It took more than 2 years to get I-360 approved. We then immediately move to recalendar the case.  In a few weeks we got the hearing and she is now a permanent resident.

Our client received green card despite of admitting asylum fraud

Client submitted a fraudulent asylum application with the help of a Los Angeles immigration consultant in 2012.  His asylum application was initially approved but later rescinded after the asylum office discovered that the asylum declaration was identical to many other asylum applications.

He later married a US citizen and we filed an application to adjust status.  The USCIS approved i-130 after the interview.

In court we successfully argued removal of this guy would cause extreme hardship to the spouse.  This is not an easy case but we prepared it well. immigration judge even commented that our documents and other evidence were well prepared.

Mistaken NVC case is saved

In a case pending at the national Visa Center, the client's son should be under 21 under the child status Protection Act(CSPA).  However, NVC made a mistake calculating the child age and refused to issue a fee bill so the case can move ahead.  After we took over the case, we tried many different ways to communicate with NVC and finally, 4 days before the one year deadline NVC issued the fee bill.  Our client's son's eligibility as a child under 21 is protected.  It is almost certain that if the client continued her own effort without our strong legal advocacy, her son would lose his eligibility.  The result of losing his eligibility would mean he has to wait for many more years to immigrate to the United States.

Asylum seeker receive approval after the interpreter failed him

In one of our recent asylum case, we objected to the interpreter for his incompetence.  The asylum officer then called another interpreter and finished the interview.

 

In two weeks we received the approval.

 

This is a typical case where we speak our client's language so if we detect mistakes the interpreter made, we will object or point out mistakes so mistakes can be corrected immediately.

 

It's crucial your lawyer speaks the same language with the client so the interpreter cannot crow about your case.

Mandamus actions continue to bring great results

We have filed more than 20 mandamus actions in 2021.  So far all of these cases filed more than 90 days ago have received positive responses from the USCIS.  Asylum interview delayed cases receive interview notices within one to 5 weeks; I-829 cases received a response that the USCIS started to review the case; in an I-730 case(minor child in China), interview was set about two months after the lawsuit was filed and the interview date is exactly 3 months from the date of the lawsuit.

All of our mandamus action clients are extremely happy with the results.  They wished they could file sooner.

If you have any immigration cases that have been pending for too long, please talk to us to see if you should file a lawsuit.

Two asylum granted by immigration judges

We recently received two asylum grants.

The first case is a woman from China, where she claims she had a forced abortion in 2012.  Asylum office did not approve her case and she retained us after her case was sent to immigration court.  We carefully prepared her for the hearing and the judge believed her that she had an aortion against her will.

The second case is another woman from China where she claims she had trouble with the police for her Yi Guan Dao activity in 2010.  She continued to attend Yi Guandao activities in the US.  Although Yi Guan Dao is not officially banned in China, the judge was persuaded that she faces possible persecution(more than 10% chance will be sufficient for asylum).

A brief analysis of an immigration court case

Ms. Lin came to the US in 2007.  She hired an immigration consultant in Los Angeles, who helped her to file I-589, application for asylum.

 

Ms. Lin later moved to San Francisco and hired an immigration lawyer.  After the interview, her case was referred to immigration court for removal.

 

After many continuances in immigration court, Lin married a US citizen and her lawyer filed an I-130 visa petition in 2019.  Her individual hearing for asylum was scheduled for later 2021.

 

Lin's lawyer has made several inquiries with the USCIS for the status of the I-130.  No action from the USCIS was taken.

 

In April, 2021, Lin's then lawyer informed her that she would close her office and leave the area.  With an individual hearing less than 6 month away (Lin didn't want to seek asylum; she only wanted to receive a green card based on her marriage), Lin panicked.

 

Lin then came to our office.

 

We filed a mandamus against the USCIS for the I-130 delay.  Within 3 weeks, an interview was scheduled and after the interview, USCIS approved I-130 immediately.

 

We then filed her I-485 with the court.  Before the hearing, the court granted her I-485.

 

In about 3 months from the time she hired us, Ms. Lin received her permanent status in the United States.

 

This case is a classic example of how to effectively use immigration legal skills and tools to help a client.

Mandamus actions have had great impact on the long pending cases

Recently we filed 7 mandamus actions against the San Francisco asylum office for long delays in interviews.  Three clients received interview notices in about 3 weeks after we filed the lawsuit; another 3 in less than 10 days and the last one is coming soon.

We also filed 2 mandamus for I-829 delays.  In less than a month the USCIS issued a request for evidence, a good sign that the USCIS is forced to take action.

We filed another 2 mandamus action yesterday.  I expect to hear from the USCIS in 2-3 weeks.

If your application has been pending long and you don't want to wait any longer, please contact us(510-623-9668) to determine if a mandamus action is suitable for you.

Mandamus action gets USCIS attention fast

We have had a few very impressive mandamus actions lately.

In one case, we filed the mandamus for an employment based I-485 delay.  Within one week I-485 was approved.

In the second case, we filed the lawsuit in early April for I-130 delay.  We received an interview notice in one month.

In the third case, we filed a mandamus for asylum interview delay for 3 clients.  We received  interview notices in about 3 weeks.

We don't file mandamus action for any case the client wants to file.  We evaluate the case delay and make a decision based on the specific circumstances of each case.  The process ensures our 100% happy results.

USCIS approved I-485 one week after we filed lawsuit

Our client filed his I-140 based I-485 about 4 years ago.  He has attempted to contact the USCIS many times, even asking congressional inquiry, without any success.

He hired us last Wednesday to sue the USCIS for the unreasonable delay.  We filed the lawsuit last Thursday and yesterday, his I-485 was approved by the USCIS.

We have an extremely high success rate for this type of lawsuit(it's called mandamus action).

If your case has been delayed by the USCIS, please seek competent legal advice to determine if you should file the lawsuit.

Another two mandamus actions achieved success.

The USCIS frequently delays adjudication of applications, sometimes the delay is more than 5 years.

The best way to deal with this serious delay is to sue the USCIs to compel its adjudication.

Over the past 20 years we have sued the USCIS more than 500 times and we had good results in a short time after we filed the lawsuit.

Recently we sued the USCIS in I-130 delay after the interview.  Another interview was scheduled soon and it was approved the second day.  Another lawsuit is to compel the USCIS to adjudicate an I-829 petition to remove conditions.  The application was approved in 4 weeks after the lawsuit was filed.

If you have cases before the USCIS that are delayed seriously(case by case basis), please contact us.

Federal court issued temporary injunction against Trump Administration's criminal bar on asylum

USCIS issued rules several months ago listing many crimes as grounds to reject asylum applications.  The proposed rules even state that without conviction the USCIS may also bar asylum applications.

Like many of Trump's immigration rules, this rule was challenged in federal court.  Today a federal judge issued an order temporarily enjoining its enforcement and the judge set December 9, 2020 for the USCIS to show cause why her order should not become a preliminary injunction.

A good day for asylum seekers.

Asylum approval for a difficult case

Client came to the US in 2015.  He filed an asylum later that year with the help of an immigrant consultant. The Asylum Office notified him for an interview in 2018 but he did not go.  He received "failure to appear warning" from the asylum office.

Client retained us in 2019 and we restarted his case.  We provided more information and documents and prepared the client well for the October 2020 interview.

The asylum office provided interpreters for the interview.  But the interpreters were not competent at all so there were 4 interpreters who were called to do the job.  It is critical that our attorney, Steve Baughman, who speaks fluent Mandarin, caught up with many interpreter mistakes and corrected them.  Otherwise the result would have been different.

Another lawsuit to compel the USCIS decision brings in happy result

Our client was first interviewed in 2019 summer. No decision was made for a year. Then we sued the uscis. Within a month uscis agreed to interview again and promised to make a final decision after the interview.

We had the interview and the uscis approved the case the same day.

Filing a lawsuit to push your case that are seriously delayed is the best option you have.

If you have a case, either asylum or immigration, that are delayed, please contact us to determine if you should file a lawsuit. 

Convicted marijuana’s planter/grower saved from deportation

About two years ago, Mr. Chang came to our office with a very serious problem: He was placed in removal proceedings upon returning from China due to his 2015 conviction in planting and growing marijuana in California.  He has an individual hearing set for 2021.

Mr. Chang has a wife and two young children here.  He is the family's  main wage earner. 

We carefully reviewed and researched his case, and we determined that there is a way to set aside his conviction.  Without the conviction record, he cannot be deported.

After almost one year of effort, Chang's criminal conviction was set aside.  We then filed a motion with the immigration court to terminate the removal proceedings.  Yesterday, our motion was granted by the immigration judge.

 

Now Mr. Chang can stay with his family without the fear of deportation.  

 

Congratulations, Mr. Chang!

Asylum approval for a victim of China's family planning policy

We received final approval today for a client who had an asylum interview about 10 days ago.

Client came to the US in 2019 and she came to our office in late December, 2019.

Initially she wanted her husband to file asylum. We reviewed his claim and decided that her claim was not as strong and the wife's.  

Wife's application was filed in January, 2020 and received interview notice for march, 2020.  That interview was cancelled due the Covid-19 asylum office closure.

Our client had an forced abortion in 2013.  That was her sole claim for asylum. She did not have any medical records to support her case. Contrary to many misinformation that because China has relaxed its family planning policy it is difficult or impossible to receive asylum based on China's family planning policy(past persecution).

The key to success is always to have well-prepared clients.  Our knowledge and experiences in asylum cases are superb, as evidenced by our success rate.