Maya Leed is an immigrant from Israel. She arrived to the US on January 7, 2017 on a B2 tourist visa. She received her i-94 noting she has 6 months to travel in the US. On May 1, 2017, she applied for an extension of stay with a document processing company, “USCIS Docs”, located in Los Angeles, Ca, using form I-539, so she can continue her travels. The document processing company used their mailing address for the I-539 because May was traveling and did not have a permanent address in the US to receive postal mail. In July 2017, Maya met a US Citizen, fell in love and got married in December 2017.
She never received a response regarding her I-539 from the document processing company. When Maya married, she had overstayed and was out of status. In July 2018, Maya’s husband started gathering all the paperwork to file an I-130 Petition for Maya. She contacted the USCIS Docs to request a copy of her I-539 request, receipt notice and decision. The emailed her a copy of all of her filings including a Notice to Appear in Los Angeles on June 7, 2018. When Maya asked why she wasn’t notified, USCIS Docs ceased all communication with Maya. Maya then discovered the judge signed an Order of Removal in Absentia. Maya’s and her husband live in Las Vegas, NV. Her husband will file an I-130 for her. He is hiring you to prepare and file A motion to Reopen in Absentia Removal Order in order to apply for adjustment of status for Maya.
- Can Maya sue USCIS Docs for not notifying her? Why?
- Will you need to file a change of venue form to move her case to Las Vegas before or after the judge grants your motion?
- Prepare Maya’s motion to reopen In absentia order. The order may be rescinded by the immigration judge if the respondent did not receive proper notice of the hearing. INA §240(b)(5)(C)(ii); INA §242B(c)(3)(B) (pre-IIRAIRA); 8 CFR §1003.23(b)(4)(ii), (iii)(A)(2); see Matter of Haim, 19 I&N Dec. 641, 642 (BIA 1988), or can they request to reopen based upon ineffective assistance?
See 8 U.S.C. § 1229a(b)(5)(C)
- Prepare a cover page for the motion also noting an automatic stay. INA §240(b)(5)(C); see also INA §242B(c)(3) (pre-IIRAIRA)
