Category: Appeals and Motions

November 14, 2025

Facts: On August 15, 2025, a native and citizen of El Salvador came to the firm seeking help with his residency application that had been denied with another attorney.   

The Firm’s Representation:  The firm immediately recognized that USCIS did not have jurisdiction over our client’s residency application because he had an old removal order.  Our client’s prior attorney filed the residency application with an I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal waiver presumably to “waive” the inadmissibility for our client’s prior removal order.  However, that waiver was not appropriate, and USCIS properly denied our client’s residency application.  The firm quickly filed a request to the Department of Homeland Security (DHS) to join a motion to reopen and dismiss our client’s removal order through Prosecutorial Discretion (PD).  DHS agreed, and the subsequent joint motion to reopen and dismiss was granted by an immigration judge in the Baltimore, Maryland Immigration Court.  Then, the firm filed an I-290B, Motion to Reopen our client’s denied residency application with USCIS because USCIS now had jurisdiction over the residency application since our client’s removal proceedings had been dismissed.  But, USCIS denied the motion to reopen.  Because the firm believed that USCIS denied the motion to reopen unfairly, the firm recommended a federal lawsuit in the U.S. District Court for the District of Maryland.  That lawsuit was successful and as a result USCIS agreed to reopen our client’s residency application. 

Outcome:  On June 6, 2025, our client’s residency application was approved.

Comments:  PD from DHS is no longer available under the current presidential administration, but the firm prides itself on finding ways to reopen old deportation and removal orders, one way or another, so our clients can move forward and finally obtain lawful status in the United States.

January 14, 2025

Facts:  In May of 2024, a citizen of Liberia, who had obtained her residency in 1999, came to the firm seeking help with her naturalization application. It had recently been denied, again, because USCIS had determined that she had committed fraud in obtaining her residency, and because she had not obtained her residency lawfully, she was therefore permanently ineligible for naturalization.

The Firm’s Representation: The firm reviewed the facts of our client’s case and preliminarily determined that she should file form N-336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336, which is essentially an appeal of the decision to deny an application for naturalization. The firm quickly filed the N-336 application for our client. Then, the firm began gathering even more information about our client’s case from various sources, including immediately submitting a Freedom of Information Act request to obtain our client’s immigration files from the government. The firm did a deep-dive review of her immigration file and other documents collected by the firm. In doing so, the firm noticed several facts which had been overlooked by both our client and other attorneys she had previously hired to work on her case. These facts demonstrated that our client had in fact not committed fraud. With this knowledge in hand, the firm prepared for our client’s N-336 interview by preparing necessary affidavits from both our client and other witnesses to her case. Through the affidavits and our client’s testimony at her N-336 interview, the firm was able to present a compelling case that no fraud had occurred.

Outcome:  On or about November 1, 2024, our client’s application for naturalization was reopened, and on January 8, 2025, she became a naturalized citizen of the United States.

Comments:  The firm prides itself on meticulously reviewing our clients’ case files to find ways to help our clients achieve their immigration goals. Our client is beyond happy–and so are we.

September 2, 2023

Facts:  On September 7, 2022, a citizen of Nigeria came to the firm for help because USCIS had denied his naturalization application accusing our client of lying during his naturalization interview.

The Firm’s Representation:  After talking with our client, the firm came to the conclusion that USCIS made a mistake and recommended that our client appeal the decision.  After reviewing the evidence and taking an affidavit from our client and preparing a legal brief, the firm filed an N-336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336 later in mid-Setpember of 2022 (within the 33-day appeal deadline).

Outcome:  On August 13, 2023, our client was naturalized as a U.S. citizen.

Comments:  The employees of USCIS try to do their best, but they sometimes make mistakes.  Here, the USCIS officer realized that a mistake had been made and took corrective action and granted the firm’s appeal and naturalized our client.

July 10, 2014

Facts: In 2001, a citizen of El Salvador applied for Temporary Protected Status (TPS). In 2004, the El Salvadoran citizen’s TPS renewal application was denied. The El Salvadoran citizen tried several times to have the case reopened with no luck. In 2013, the citizen of El Salvador came to the firm for help.

The Firm’s Representation: Reopening TPS cases can be very tricky and every case is different. Nevertheless, the firm has had quite a bit of success reopening old TPS denial cases. In many cases, the legacy Immigration and Naturalization Service (INS) denied TPS applications when the applicant failed to attend a biometrics (fingerprinting) appointment or when the applicant failed to respond to a notice. In our client’s case, INS denied our client’s TPS application because she missed a biometrics appointment. However, the firm discovered paperwork that our client did not miss the appointment and that it was possible that INS made a mistake. The argument for reopening at that point was straight forward. The adjudication process of reopening TPS cases with United States Citizenship and Immigration Services (USCIS) takes quite a while, typically about a year.

Outcome: On July 10, 2014, our client’s TPS application was reopened. The firm is in the process of helping our client apply for a work permit again, over ten years after her last one was approved.