TSUI YEE’s Post

Just got retained by a client who was granted asylum by USCIS and is now a green card holder. The problem he is encountering is that his application to bring his family over from his home country has been stalled at USCIS, and he does not know why. He has a current attorney, but told me that his attorney has not followed up with USCIS or tried to escalate the matter. He filed his I-730 refugee/asylee petition almost 5 years ago, but his family are still stuck abroad. Imagine being separate from your loved ones for so long, and for no explicable reason. This might turn into a mandamus lawsuit - to be continued! #mandamus #asylum #USCIS #family #immigration

I'll be live-streaming again tomorrow (7/9) at 12:00 PM EDT. Feel free to join and ask questions!

I'll be appearing on the Immigration & Jobs Talk Show tomorrow from 2pm to 3pm EST, where I will be talking about how to master your immigration journey. We'll cover such topics as how to hire the right attorney, how to get clear on the terms of engagement, as well as some tips and tricks on how to communicate with your attorney and their staff. Link to the livestream is here: https://hie.li/q5f Tune in tomorrow!

So USCIS approved a marriage-based green card application in under 7 months - not bad. Interesting take-aways: 📌 USCIS issued a Request for Further Evidence claiming that that I-864 affidavit of support and supporting documents were insufficient to establish that the petitioner met the federal poverty guidelines. This was, of course, not correct. USCIS has been issuing many boilerplate RFEs claiming that evidence was not submitted or insufficient, when in fact there was nothing deficient in the initial filing. This is a pattern that AILA (the American Immigration Lawyers Association has been trying to bring to USCIS' attention for awhile, but USCIS headquarters seems to be clueless or willfully ignorant). 📌 After I responded to the RFE by submitting a duplicate copy of the I-864 evidence, USCIS then approved my client's green card application without an interview. But the interesting thing is that I didn't submit that much evidence of the bona fides of the marriage - this was because my clients were only married recently. I only submitted photos 📷 of the couple traveling ✈ - that's about it. Apparently, this was enough for USCIS to be satisfied that the marriage was genuine. You never know with USCIS. 🤷♀️ #USCIS #greencard #immigration

Client: “Hi, please review the attached document and explain to me. Thanks.” Me: “This appears to be a receipt notice for an application that you filed for someone through the [XYZ] Program.” Did you hire an attorney or consult with one before filing this?” Client: “No. Does this mean we’re all good?” Me: “But doesn’t the person who you filed this for have a deportation order against them and was actually deported by ICE.?” Client: “Yes - is that a problem?” Me: “Uhm yeah, because being deported is literally the second disqualifier I see on USCIS’ website.” If the person who my client sponsored under XYZ program had entered the U.S., who knows what would have happened. CBP could have taken him into custody. Why take such chances? If you decide to DIY an immigration case, this is what could happen. Is it worth the risk? #immigration #uscis #lawyer #lawyerproblems

Signs that I might not be the right immigration lawyer for you: 🛑 I can't take your case for one-tenth of the total legal fee as a down payment. If I did, does that mean I can only work on 10% of your case, until your next payment? 🛑 I can't file your case right after you hire me. If you want me to rush your case, I require a rush or expedite fee. Preparing a case for filing takes time and preparation. 🛑 I cannot quote you a legal fee, sight unseen. Legal representation is not a commodity. Hiring an immigration lawyer is not like comparing the price of an orange 🍊 between 2 supermarkets and then buying the 🍊 that costs $.10 less. #immigration #greencard #immigrationlawyer

I'll be live-streaming again next Tuesday (7/2) at 12:00 PM EDT. Feel free to join and ask questions!

Taught a tie-dye workshop at my yoga studio over the weekend and had an absolute blast. It was so fun to see the excitement and enthusiasm from everyone as we shared our ideas and designs. For me, being creative is essential for balancing out what I do for a living. Being an attorney can be very demanding, so I need time to rest, recharge, and explore other outlets. In life, don’t forget to play, don’t be afraid to make a mess, and use ALL the colors! #creativity #balance #lawyer

Chevron deference has been overturned! Buckle up immigration lawyers - it’s gonna be a bumpy ride. In addition to how yesterday’s first presidential debate went, to today’s Supreme Court decision overturning Chevron, I can see that our work will be cut out for us. Link in comments to today’s Supreme Court decision. #SCOTUS #uscis #immigration

It's a good feeling when USCIS approves a case in less time than their stated processing times. When my client booked me for a consultation, his O-1 work visa was expiring in just a few days. He wanted to know if he could file an EB-1A extraordinary ability petition. I asked if he reviewed the EB-1A criteria and had any evidence to meet at least 3 of the minimum criteria. He admitted that he had not looked at the criteria. Moreover, his petitioner was not willing to extend his O-1 status. With his O-1 expiring in a matter of days, I told my client there was no way he could file an EB-1A petition. I explained that if he was serious about pursuing an EB-1A, he needed to set aside some time to assess whether he was eligible. Ultimately he came around and realized that to panic-file an EB-1A days before his O-1 was expiring would have been foolish. So instead I advised that he could file a change of status application to B-1/B-2 (tourist), requesting more time to figure out his next move. Surprisingly, USCIS approved his I-539 in just 2.5 months, even though their stated processing times showed 6 months. In the past, I-539 applications to change status to B-2 took forever. More often than not, by the time USCIS issued a decision on an I-539 application, the time requested (which can be no more than 6 months if requesting C/S to B-2), would have already passed. But I think USCIS has now realized that given all the layoffs that have been happening, there is a legitimate need for foreign workers to request some time to figure out their affairs. Now my client has a few more months and some breathing room to plan for his future. - Need help with O-1 or changing to B-2? Feel free to message me or email me at tsui@yeeimmigration.com! #o1 #o1visa #b2 #b2visa #uscis