Home > Student Visa Problems, Deportation Defense, Marriage-base Green Card and Writs of Mandamus

Student Visa Problems, Deportation Defense, Marriage-base Green Card and Writs of Mandamus

Drita had worked hard in college in Albania to earn the opportunity to travel to the U.S.  and perfect her English, through a student exchange program and a J-1 visa.  The program was three months in Michigan staying with an American family and studying at a local university.  During her studies in the exchange program, she decided to transfer and complete her university studies in the U.S.  She applied for a change of status to an F-1 student visa with the assistance of the International Students Office at her university.   Everything seemed to be going well.  She would complete her exchange program in October and start classes at the university immediately afterwards.  However, the university did not inform her that her start date had been entered in the SEVIS  system for January and that she needed to take additional steps to maintain her legal status in order to obtain her student visa (F-1) in the U.S.

Therefore, it was a shock to Drita, when she received the Notice of Denial of her student visa from USCIS, claiming that her legal status had ended before the start date of her studies.  To make matters worse, the immigration authorities were notifying her that they had initiated deportation proceedings against her by issuing her a Notice to Appear (NTA) before the Immigration Court.   The only people she knew in the US were some cousins in the Boston area, who invited her to move in with them while she sorted things out.  It was through these cousins that she heard of the immigration lawyers at FitzGerald Law Company and contacted our office.  The first thing Attorney FitzGerald had to do was to get her court case moved from Michigan to Boston.  He filed a Motion to Change Venue which was promptly allowed by the judge.

Meanwhile, Drita found that there was a strong Albanian community in Boston and soon she established a group of friends including Alban, whose family had immigrated many years ago and was now a US citizen.  Alban provided her with a great deal of assistance and emotional support during this difficult time.  Their relationship grew and eventually he asked her to marry him.

With the assistance of FitzGerald Law Company, a marriage based immigrant petition (I-130) was submitted to USCIS.  Drita and Alban shared in every aspect of their lives, so the documentation of their marriage was substantial.  Based upon the voluminous evidence, the I-130 should have been approved promptly.  When attorney FitzGerald showed the Immigration Court the proof that had been given to USCIS, the court agreed that the marriage residency petition was going to be approved and scheduled a final trial date for her deportation case, so that the judge could approve her I-485 legal permanent residency petition.   The earliest court date that was available was 20 months away, more than enough time to receive the I-130 approval, prepare and submit the I-485 and have all the necessary documentation for her residency.

But things were not destined to be so simple for Drita.  USCIS did not approve her I-130 quickly as they should have.  Instead, they issued a Request for Evidence (RFE).  This was easy to provide for Drita and her husband because the RFE merely asked for evidence about their relationship.  The response was filed immediately and again the case should have been approved, yet it was not.  Alban was diligent contacting USCIS by phone and sending online requests.  In addition, FitzGerald Law Company sent numerous letters requesting a decision on the case (adjudication), but USCIS did nothing.  The hearing date was now approaching and without the I-130 approval, Drita would not be able to file her I-485 to receive her residency on the date of her hearing.  The hearing would need to be rescheduled and her process would be delayed for years.  Attorney FitzGerald met with Drita and explained her options.

She could accept the failure of USCIS to properly complete her case, accept the delays and remain like so many individuals with a deportation pending in court; or they could take matters in their own hands and sue the Department of Homeland Security for the USCIS negligence in not processing their application timely.

Going against the government in court can be scary, but Attorney FitzGerald assured them their case was strong and they should believe in themselves and their relationship.  Dirta and her husband agreed and the lawsuit (Writ of Mandamus) was filed in the US District Court.  A court summons was served on the Attorney General’s office and before long the attorneys assigned to represent the government were able to see USCIS had unfairly handled the I-130 petition.  With only days left before the immigration court trial, a settlement with USCIS was reached and Drita’s I-130 was approved. With this approval, Drita completed her I-485 (adjustment of status) with all of the required documents, presented it to the Immigration Judge with a written statement of her testimony, and her case was ready for trial.

The Immigration Court trial was short. All the parties and the judge unanimously agreed Drita should be granted Legal Permanent Resident status in the US and an order to that effect was issued.  Drita’s case was over, or at least it should have been.

An immigration judge from the Department of Justice, is authorized by law to grant legal permanent resident status, but a Green Card is only issued by USCIS, so although Drita held in her hand a piece of paper stating she was a US resident, she did not yet have her Green Card.   Drita’s fight with USCIS was not over.

As before with their I-130 petition, Drita and her husband were diligent filing requests and submitting documentation to USCIS for her Green Card, even submitting evidence of the payments of her filing fees to several offices.  Her requests were ignored, and Drita started to feel no different than a person with no legal immigration status.  She sought help once again from FitzGerald Law Company and once again, Attorney FitzGerald explained she had to sue USCIS.  The lawsuit was prepared and filed.  The legal notices served on the Department of Homeland Security and before long, a settlement was in hand.  If Drita agreed to drop her lawsuit, USCIS would issue her the Green Card.  She finally received her Green Card, and after so many years of not being able to see her parents or introduce them to her spouse, she was reunited with her family.  It was Drita’s perseverance in the face of adversity and quickness in getting the appropriate legal help that allowed her to obtain the Green Card she desired so much.