Los Angeles Immigration Law Office Changes US Immigration Policy

LOS ANGELES, Calif., Oct. 18, 2022 (SEND2PRESS NEWSWIRE) — The Los Angeles Immigration Law Office, PC, a full-service immigration law firm that handles employment, investment and Family Immigration, won a historic victory for a client who was unfairly denied permanent residency. The case also fundamentally changed US immigration policy.

Image caption: Los Angeles Immigration Law Office, PC

The company’s client was a Japanese woman who had exceeded her status by more than a year and faced a 10-year ban upon returning. She then left the United States and returned approximately 18 years before applying for permanent residency based on her marriage to a US citizen.

Under immigration and nationality law, non-citizens who accumulate more than 180 days of unlawful presence before leaving the United States cannot reenter until a certain period of time (three years or 10 years) has elapsed. However, this provision of the INA did not address how the time limit would be affected if the person returned before the bar was lifted.

In this case, the 10-year bar had expired by the time she applied for permanent residency in 2019, but USCIS denied her application, saying she was required to stay out of the country during that time. .

Her attorney, Michael Piston of the Los Angeles Immigration Law Office, PC, argued that she should not have been denied permanent residency because more than 10 years had passed since she left and that she was now married to an American citizen.

U.S. District Court Judge Consuelo Marshall ruled in favor of the client, agreeing that the ban expires after 10 years, even if the person is in the United States for most of that time.

On June 24, USCIS announced a policy change to comply with this decision and another subsequent court decision, based on it, in addition to an unpublished decision of the Appeals Board of the Ministry of Justice.

Under the new policy, the following rules and conditions apply:

  • Non-nationals who leave or are expelled after more than 180 days of illegal presence will not be considered inadmissible unless they reapply within three to ten years.
  • Once they leave, the three-year or 10-year period begins and will run continuously regardless of where the non-citizen is during that period.

In a statement to The Epoch Times, attorney Piston said, “This policy change would be great for our client. This means that she could have been granted an adjustment of status by USCIS and she would not have had to go through all these problems.

About the Los Angeles Immigration Law Office, PC:

The Los Angeles, PC Immigration Law Office is a full-service immigration law firm run by award-winning attorneys. The firm, which represents individuals in employment, investment and family immigration matters, has a legal team of attorneys with 80 years of combined experience and a track record of over 35,000 approved cases.

For more information, call (213) 375-4084 or visit https://immigrationhelpla.com/

RELATED LINKS:

https://immigrationhelpla.com/wp-content/uploads/2022/09/New-USCIS-POLICY-2022.pdf

News source: Los Angeles PC Immigration Law Office

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