10 Apr Green Card approved after 9 years of fighting removal (deportation) from the U.S.A
Ericson Mendoza first entered the United States on December 21, 1998 on a tourist visa. He met his U.S. citizen spouse, Sheila in December 2001. Ericson and Sheila started to live together in April 2002. Beforehand, Sheila had a prior marriage where she was battered. With Ericson she found a new life and new love. After a year, Ericson and Sheila decided to get married on April 17, 2003. At the time of their marriage they intended to establish a life together as husband and wife.
Mr. Ericson Mendoza with wife, Sheila and son, Sean Maverick and Atty. Crispin Caday Lozano
On November 25, 2003, Sheila filed the I-130 petition on behalf of Ericson who concurrently filed his I-485 application through the assistance of a paralegal. The couple was called for their initial interview on March 16, 2006. They were notified by the paralegal a day before their interview. The interview was attended by an attorney whose appearance was arranged by the paralegal. Neither attorney nor the couple met each other before. Hence, the couple was not properly prepared for the interview.
During the interview, the couple allegedly gave conflicting testimony as to the events preceding the interview date. The couple hardly speaks and understands the English language. Sheila had anxiety when under pressure of the interview because of being a battered spouse from her previous marriage. This anxiety resulted in having difficulty in remembering events that caused the inconsistencies during the interview. Due to these inconsistencies, the petition was denied and also the application for adjustment of status. Sheila filed a motion to reopen with another lawyer but was also denied.
On June 07, 2007, Sheila filed a second I-130 petition on behalf of Ericson concurrently with I-485 application with the assistance of another lawyer. On January 14, 2008, the USCIS interviewed the couple in connection with their visa application. The I-130 petition was again denied on February 26, 2008 based only on the alleged discrepancies during the first filing of the petition. Based on this denial Ericson was placed in removal proceedings. Another lawyer represented him in the removal proceedings but because the I-130 was denied he was ordered removed from the United States on October 06, 2008.