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.
Mr. Ericson Mendoza immediately sought the services of Atty. Crispin Caday Lozano to help him remain in the United States to be with his US citizen spouse. Atty. Lozano wasted no time in filing an appeal with the Board of Immigration Appeal (BIA) on the denied I-130 petition. While waiting for the decision the Sheila gave birth to a son from Ericson named Sean Maverick. Atty. Lozano immediately sent the birth certificate to the BIA for proper consideration. After two years of waiting for the decision, the BIA approved the appeal and sent the case back to the Immigration Court for continued processing. Based on the approved appeal on October 2011, Atty. Lozano followed up with USCIS to schedule the couple for an interview. Before the interview Atty. Lozano prepared voluminous proof of good faith marriage including proof that his wife has anxiety disorder that caused her to forget past events that resulted in the inconsistencies in their prior testimony. On the date of the interview the USCIS still has a doubt on the validity of their marriage. Attorney Lozano offered to the USCIS a DNA testing between Ericson and his son as proof of good faith marriage. The DNA proved positive of the father and son relationship. Based on this proof the USCIS approved the I-130 petition on October 2011. Thereafter, Atty. Lozano requested the Immigration Judge for an earlier hearing date because the Immigration Court is backlogged. The motion was granted and Ericson was scheduled for a hearing immediately. On the hearing date Atty. Lozano was able to have the application for permanent resident of Ericson Mendoza get approved on April 02, 2012. Ericson Mendoza said”Without the assistance of Atty. Lozano, I would have been deported and I would not have my wife and son with me. I thanked Atty. Lozano for this great gift in my life”
Mr. Ericson Mendoza waited for his green card for nine long years. He was able to achieve his American dream and now can live a peaceful and comfortable life with his wife, Sheila and son, Sean with the help and immigration expertise of Atty. Crispin Caday Lozano.