The Attorney General has discretion to grant applications for adjustment of status. A successful case requires not only good arguments but also credible, well organized and presented evidence. I did an extensive research and wrote compelling legal arguments. But these would have been useless if I did not have credible evidence to back them up.

 

Let me tell you a success story in a case, which I had the privilege to work on. Her case was rejected by a supposedly “super lawyer” because her case was hopeless. Last week, I had a surprise visit from her. She showed me her green card and a letter from USCIS welcoming her to America. This is the most difficult case I’ve ever worked on since I became an immigration attorney. I put my heart and soul into the case, and WE WON!

Victoria is a native and citizen of Mexico. In 2001 she came to the United States illegally and worked without authorization. She also committed an act, which under our immigration law is serious enough to disqualify her to apply for a legal permanent resident status. Ten years later, Victoria married a U.S. citizen who filed for her immigration petition. When Victoria applied for adjustment of status, her application was denied for immigration law violations.

On appeal I painted a picture of Victoria as a model citizen, which is true. We were able to get 103 signatures on a petition to stop her deportation. We were able to get affidavits and letters from Victoria’s previous employers attesting to her honesty and integrity. Victoria’s U.S. citizen husband is a qualifying relative for I-601 waiver. I submitted a psychological evaluation of Victoria’s husband, which provided the diagnoses and described how Victoria’s threat of deportation had affected him mentally and emotionally. We also submitted documents how Victoria’s deportation would create financial hardship to her husband and children. I was able to get a work authorization for Victoria while the case was pending and she found a well-paying job. While her husband is working, his salary is not enough to pay for household expenses and to support their children who remain in the home country. We submitted articles about the home country’s economic condition and how difficult it would be for Victoria to find a job in her home country considering her education, age and health issues. Victoria is suffering from serious illnesses, which would be aggravated if she were sent home. She has a health insurance through her employer while it would cost her a fortune to pay for medical care in her home country.

The Attorney General has discretion to grant applications for adjustment of status. A successful case requires not only good arguments but also credible, well organized and presented evidence. I did an extensive research and wrote compelling legal arguments. But these would have been useless if I did not have credible evidence to back them up. Victoria worked as caregiver most of the years she has been in the United States. She touched the lives of so many people she cared for and their families. They described her as person of great integrity, good-hearted, one of the best caregiver they ever met, etc. USCIS is not a tin man. Their adjudicators are humans and are touched by great stories like Victoria’s. One lesson learned from Victoria’s case: be good to the people you meet because you never know when you will need them. I believe that the strength of Victoria’s case came from the outpouring of support from the people she worked for and with. Disclaimer: some facts and details have been changed to protect the privacy and confidentiality of the persons involved.