September 2012  

When all else Fails: Suing the Federal Government


SUCCESS STORY

One common problem that our firm assists clients with is one of delayed adjudication. Delayed adjudication occurs when the U.S. Citizenship and Immigration Service or the U.S. Department of State delays making a decision in a case. This delay can occur when one files an application such as for naturalization, a family petition, an adjustment of status/immigrant visa application. Nonimmigrant visa petitions/applications may be delayed as well. In some cases, the delays can last for years upon years. In appropriate cases, our firm offers a solution.

The story here has to do with our client, a U.S. citizen and daughter of a foreign national. Our client had filed a petition for her 73 year old mother who was residing in Colombia. Given the increasing age and deteriorating health of her mother, it was vital that our client bring her mother to the United States to live with her where she could take care of her. Our office prepared and filed the petition, which was approved by the USCIS. And then in accordance with the procedure, our office properly prepared the immigrant visa application, filed with the Department of State . . . and an immigrant visa appointment was set at the U.S. Embassy in Colombia.


A Brief Note from Our Personal Injury Team

 

A personal injury, whether an auto accident or any other kind, may cause you to incur out of pocket expenses, or pain and suffering. In such cases, it is important to maintain reliable records. Start by keeping a record of the incident. Get names and phone numbers of the witnesses. Request a report to be made. Then keep records of your medical visits, out of pocket expenses, any pain or inability to move. Also keep any legal notices or letters that you may receive.

Good record keeping will assist you and your lawyer to claim for your losses


Q & A - Aging Out of Children . . . and Alternatives

 

Q: Dear Immigration Counselors,
I was admitted to the U.S. in 2011 on an Immigrant Visa. I got my residency based on a petition from my brother, a citizen of the United States. However, when I had my immigrant visa interview at the Embassy, my daughter had aged out because she had already turned over 21 years of age. What can I do to have her join us here and to reside here with us? She is currently working as an Accounts Executive for an employer abroad.

-T.A..

A: Dear T.A., one of the most heartbreaking outcomes in the U.S. immigration process is the separation of a child from his or her parent caused by "aging-out". The first thing we need to do is to review your case and confirm whether your daughter is protected from aging out under the Child Status Protection Act (CSPA) formula. (Sometimes an Embassy may overlook this point or misapply the formula.) If she isn't protected under the CSPA, then as an alternative, we need to explore other options for her, i.e. family petition from you, employment visa, business visa, etc. Please discuss these options with an experienced immigration attorney.

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To ask Immigration Counselors your questions, please email attorney@immigrationcounselors.com


In This Issue


Newsletter Issues

 

 

Your Visa Bulletin

Visit http://www.travel.state.gov/visa/bulletin/bulletin_5770.html to check the recent priority dates for Immigrant Visa Bulletin.

Be sure to review the most recent month.

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www.NeJameLaw.com

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