Sarraf Gentile

[Also available on Reddit.] If you are looking for guidance as to how USCIS will decide your I-751 ROC petition if you are separated or starting divorce proceedings, but the divorce isn’t final, then you need to read the Neufeld memo. It’s only 3 pages and worth a close read. https://www.uscis.gov/sites/default/files/document/memos/i-751_Filed_%20Prior_Termination_3apr09.pdf  

[Also available on Facebook.] Approved VAWA petitioners applying for a green card are exempt from the affidavit of support requirement.  

[Also available on Reddit.] Hi, I’ve put together a new Facebook group to post content and foster discussions for immigrants that can use advice and support to deal with failing or abusive marriages. If you or a loved one could benefit from this, I encourage you to join. You can find it by searching the […]

[Also available on Reddit.] Hi, I’ve put together a new Facebook group to post content and foster discussions for immigrants that can use advice and support to deal with unreasonable delays and denials. We mostly discuss litigation strategies such as mandamus, APA, FOIA and naturalization federal lawsuits. If you or a loved one could benefit […]

[Also available on Facebook.] If you plan to sue the government for a pre-interview naturalization delay – as recently highlighted by the Wall Street Journal – here are some cases to help you with your mandamus strategy. These cases upheld claims that delays of between 16 months and 30 months were unreasonable: Sawan v. Chertoff, 589 […]

[Also available on Facebook.] If you qualified for VAWA through marriage to an abusive US citizen, you can apply for citizenship after having a green card for 3 years. If you qualified by being married to an abusive permanent resident, you can apply for citizenship after having a green card for 5 years.  

[Also available on Facebook.] All approved self-petitioners qualify to use INA Sec 245(a) to adjust status, regardless of manner of entry. That means even if you entered the US without inspection, you can get a green card if you qualify for VAWA without needing to leave the US.  

[Also available on Reddit.] When deciding a 751 with an abuse waiver or a VAWA case, USCIS must consider “any credible evidence” in deciding a waiver based on physical abuse or extreme cruelty. This means that, while very helpful, police reports, hospital records, restraining orders or any other specific type of evidence is NOT required […]

[Also available on Facebook.] It’s good to see these unreasonable delays acknowledged by the WSJ. One aspect of the situation the article does not detail is the option to litigate the delay in federal court. With Paperwork Locked Underground, Thousands of U.S. Citizenship Applicants Wait and Wait, WALL STREET JOURNAL, January 24, 2022  

[Also available on Reddit.] When considering whether to go forward with a mandamus case, a frequent concern that people have is fear of Government retaliation for challenging an unreasonable delay in court. We have never seen this in one of our cases and have yet to come across it in speaking with other experienced litigators. […]