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Monthly Archives: March 2016

I-602 Waivers for Asylees Applying For Green Cards

If you have been granted asylum but have committed fraud or a crime in the U.S., you may still be eligible for a green card through the I-602 waiver process

How I-602 Waivers Help Asylum Seekers Remain in the U.S.

I-602 waivers are a legal way for asylum seekers to waive grounds of inadmissibility and receive forgiveness for certain crimes, fraud, or misrepresentation they committed that could prevent them from remaining in the U.S. and qualifying for a green card. However, a strong case must be made by their attorney that the waiver is warranted due to humanitarian reasons, family unity, or national interest. Fortunately I-602 waivers are usually easier to obtain than other waivers such as I-601 waivers (which are the waivers that are required in family and business adjustment cases).

Difference between I-602 Waiver (Asylum Green Cards) & I-601 Waiver (Business/Family Green Cards)

For an I-601 waiver, an immigration lawyer would have to prove:

  • An immediate family member (U.S. citizen) would suffer extreme hardship if the immigrant were denied admission or adjustment of status in the U.S.
  • That the alien was deserving of a grant of the waiver in the discretion of the officer
  • Aggravated felonies and false claims to U.S. citizenship cannot be waived, unlike with I-602’s

An I-602 waiver allows asylees who have been found inadmissible to the U.S. due to fraud or misrepresentation at any point during or after their entry into the U.S. or those asylees who have been convicted of felony convictions, including aggravated felonies, to apply for a waiver of inadmissibility on grounds of humanitarian reasons, family unity, or national interest.

  • Unlike with I-601 waivers, there is no need to show extreme hardship to get an I-602 approved
  • Aggravated felonies and false claims to U.S. citizenship can be waived (meaning, you can still get a green card), whereas with an I-601 waiver, those two categories cannot be waived under most circumstances

Help for Asylum Seekers With Previously Denied I-602 Waivers

Another important reason to apply for a waiver with Nalbandian Law is that we so often see very poorly prepared and poorly documented I-601 and I-602 waiver applications prepared by clients themselves without the help of an expert attorney or that were prepared by incompetent counsel and that have been denied by USCIS.

Nalbandian Law, a leading immigration law firm in the Los Angeles area, has re-filed many I-602 waivers on the grounds that their clients were inadequately represented by their previous attorneys. “Those clients have expressed deep regret for not having come to our firm in the first place to help file their waiver requests. We have enjoyed a 100% success rate throughout our entire 16 years in business with the I-602 waivers and have helped hundreds of asylees who had complex issues obtain their green cards,” said lead immigration attorney, Sassoun A. Nalbandian.

The Key to Success—Hard Work and Solid Documentation

Meticulous detailed documentation is the key to Nalbandian Law’s perfect track record with I-602 waivers. “Most attorneys don’t approach an I-602 case like we do,” Mr. Nalbandian explained, “because they just don’t take the time to prepare the kind of in-depth documentation that impresses immigration judges and convinces them to rule in our client’s favor.”

To build an I-602 case, Mr. Nalbandian and his legal team establish family unity and humanitarian reasons by submitting detailed affidavits from their client and family members. These personal stories help to paint a clear picture of the client’s circumstances. By thinking creatively and in-depth about the facts of your case, we often come up with very important arguments about why your waiver should be granted that other attorneys may have missed in their analysis of your case.

“No detail is left to chance,” Mr. Nalbandian emphasized. “To support the affidavits and make our case even stronger, we often submit medical documentation and comprehensive 15-25 page psychological evaluations prepared by renowned professional psychologists. We know from our many years of winning cases that our detailed documentation is exactly what officers and judges look for in order to be able to approve a waiver request.”

Are You Currently in Removal Proceedings/Immigration Court?

If you are in removal proceedings and…

  • Never applied for a green card after winning your asylum case and were placed in removal proceedings for having committed a crime, or,
  • Obtained your green card without disclosing that you had previously filed for asylum under a different name and identity,

you may still be eligible for an I-602 waiver, depending on the circumstances of your case.

Schedule an I-602 Waiver Consultation Today!

Call Nalbandian Law at (818) 244-0310 or contact us online to schedule an expert consultation with lead attorney and immigration expert Sassoun A. Nalbandian. He will review the facts of your case in detail and will honestly evaluate the likelihood of winning your case. Nalbandian Law will represent you and do our very best to help you receive a waiver of forgiveness and have the opportunity to remain in the U.S. and pursue your dreams of becoming a U.S. citizen.

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

Mandamus/Federal Lawsuits Against USCIS

Do not wait any longer – put a stop to unreasonable delays in your green card or naturalization process

You had no idea it would take this long for USCIS to make a decision about your application. But the question is: how long is too long to wait to receive your green card or your oath ceremony to become a U.S. citizen? And what can you do about it to speed up the USCIS officer’s decision-making process?

Most aliens do not realize that a decision on your application for citizenship or for a green card could be delayed for months or even years by the U.S. Citizenship and Immigration Services (USCIS) if they do not take action against USCIS to help speed up the process.

Lengthy delays can be the result of something as simple as a paperwork error or as serious as a fraud investigation. Delays can also be caused by USCIS being overwhelmed by a high number of naturalization cases and adjustment-of-status cases. Regardless of the reason for the delay, you do not have to wait for months or years after your interview to get a decision in your case. You can take control by filing a federal lawsuit and helping to get your green card or citizenship application approved ASAP without having to wait much longer. Take control over your case!

Client Could Have Had Green Card Years Earlier: Decision Delayed for Over a Decade

The expert legal team at Nalbandian Law recently represented a client who had filed for a green card through his employer. Unfortunately, USCIS was suspicious about the case and hadn’t made a final decision on his case in over 10 years. Multiple attorneys had previously told our client that nothing could be done to speed up the process. Frustrated, our client had tried to find out the cause of the delay by making INFOPASS and telephone inquiries. He even contacted his congressman with no luck.

“When he came to our office a few months ago and became our client,” said Mr. Sassoun A. Nalbandian, lead attorney for immigration law firm, Nalbandian Law, “we filed a Mandamus Action/federal lawsuit against USCIS for unreasonable delay. Less than two months after we filed a lawsuit against USCIS on his behalf, our client received his green card and was extremely grateful to us. He regretted having waited many years before coming to us to file the lawsuit!”

The three types of federal lawsuits are:

  1. Mandamus Actions
    Mandamus actions or “writs of Mandamus” are federal law suits that are filed in U.S. District Court.  Mandamus actions empower the federal court to instruct other agencies such as USCIS to perform its duties, exercise its judgement, perform its judicial functions, and follow the clear statement of the law. Mandamus actions can be used on behalf of aliens who have experienced unreasonable delays in the processing of a citizenship or green card application.
  2. Petition for Naturalization (Form N-400)
    If your citizenship application has been pending for more than 120 days after your interview or after you submitted additional documentation, you have the right to file a federal lawsuit to remove your case from USCIS and have an immigration court judge make a ruling on it. The judge will take one of three actions:
    • Grant your application, reverse USCIS’ decision, and naturalize you as a citizen
    • Deny your application if the court believes that you don’t meet the requirements for citizenship
    • Send your case to the USCIS with an order to speed up the processing of your case (this is the likely outcome, and in a majority of our cases, our clients received their oath ceremonies in just a few months after filing the lawsuit!)
  3. Actions Under the Administrative Procedures Act (APA)
    The APA is a federal statute that regulates the actions of federal agencies. The law allows an alien to file a federal lawsuit and have their case reviewed to determine if there was an unlawful action (including the unlawful failure to act) by federal agencies, agency officials, or employees. This lawsuit is typically used if an adjustment of status (green card) or naturalization application is denied and there is either no appeal allowed (such as with I-485 adjustment of status applications where an appeal is not permitted by law) or where your appeal has been denied (such as with an N-336 – appeal of an N-400 denial by USCIS.) This lawsuit is often the last and best option in such cases and has been a very effective way for us to get our clients case reviewed by a judge outside of USCIS.

In over 95% of Nalbandian Law’s cases, USCIS has reconsidered and reversed its prior unjust decision and has approved our client’s green card or citizenship application just a few weeks after we had filed the APA action on his/her behalf in U.S. District Court.

100% Success Rate with Federal Lawsuits

Nalbandian Law has represented hundreds of clients whereby USCIS had made a decision that was contrary to the law or had unreasonably delayed cases for months or years. Our clients’ prior attorneys unfortunately did not know or did not advise our clients about the federal lawsuit options discussed above. After our immigration experts filed the federal lawsuits—the cases were immediately reconsidered and settled in our clients’ favor over 95% of the time without even having to see a federal judge.  We are very proud of our near perfect success rate with Mandamus Action/Petition for Naturalization/APA Action lawsuits.

Schedule a Consultation Today!

Though not every case is suitable for a Mandamus action, most are suitable if they have been unreasonably delayed by USCIS. That’s why it is important to call Nalbandian Law at (818) 244-0310 or contact us online for an expert consultation with lead attorney and immigration expert Sassoun A. Nalbandian. He will review your situation carefully and evaluate if a federal lawsuit is the best action to take. If you have a case that can be won, Nalbandian Law will represent you. We will steer you on the right path and always advise you based of the best option for you.

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

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Mr. Nalbandian was the lawyer who handled my wife's Green card case. Thanks to him everything went well and at very timely manner. I would recommend him with most confidence.

- Jose Garcia, CA