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.