Summary
A US permanent resident denied re-entry after an 11-year absence due to illness and document loss can explore several legal options. They can file an appeal against the SB-1 visa denial, reapply with comprehensive documentation, and consult an immigration lawyer for guidance. Filing a complaint against the consular officer for not reviewing documents is possible. Relevant statutes include 8 U.S. Code § 1101 and § 1201, 22 CFR § 41.121, and INA Section 221(g). Precedent cases like Matter of Kane and Matter of Huang can support arguments against abandonment. Consider filing Form I-90 for green card reissuance, but be aware of potential abandonment findings. Legal advice is recommended for navigating these complex processes.Full Conversation
US permanent resident denied re-entry after *-year absence due to illness and passport/green card loss. He claims voodoo curse as cause of illness. What are his legal options? [*]
Deep search
****, your client has a few legal options to explore:
- File an Appeal: Your client can appeal the SB-* visa denial. The appeal needs to be filed within a specific timeframe as indicated in the denial notice.
- Reapply for SB-* Visa: Collect all necessary documents, including medical records and affidavits from family members.
- Consult an ****migration Lawyer: Given the complex nature of the case, legal representation can help navigate the appeal process effectively.
Would you like more detailed steps on any of these options?
can you elaborate further? Is it possible to file a complaint against the consular officer for his failure to explain the ground for denial without even looking at his supporting documents?
Yes, it's possible to file a complaint against a consular officer. Here are the steps:
*. Contact the Consular Section: Request a review of the decision and the reasoning behind it.
*. File a Complaint with the U.S. Department of State: Visit the State Department's website to file an official complaint.
*. Seek Legal Advice: Consult with an immigration lawyer to ensure all procedures are followed correctly and to explore other legal options.
Would you like more details on how to file the complaint?
can you provide me some Federal Citations, Statutes, or any congressional references regarding US Embassy good faith procedures.
****, here are some references that may be useful regarding US Embassy good faith procedures and consular operations:
*. * U.S. Code § * - Definitions: Defines various terms used in immigration law, including "permanent resident" and "immigrant visa."
*. * U.S. Code § * - Issuance of visas: Details the procedures and requirements for the issuance of visas, including the responsibilities of consular officers.
*. * CFR § *.* - Refusal of individual visas: Provides guidelines on the refusal of visas by consular officers, including the requirement to inform the applicant of the reasons for refusal.
*. Foreign Affairs Manual (FAM) * FAM *.* - Procedures for Refusing Individual Visas: Includes specific procedures for consular officers to follow when refusing a visa, emphasizing transparency and due process.
*. ****migration and Nationality Act (INA) Section *(g): Addresses the refusal of visa applications and the need for consular officers to provide a reason for the refusal.
Would you like more detailed information on any of these statutes or procedures?
Is it possible for my client to file an application for reissuance of his green card in order to find out if in deed he already abandoned his permanent residency?
****, your client can file Form I-* to replace a lost or damaged green card. However, given the lengthy absence, USCIS may determine that he has abandoned his permanent residency.
Would you like more information on the Form I-* process or other possible options?
yes please
****, here are the details on the Form I-* process:
- Form I-*: Application to Replace Permanent Resident Card
- Eligibility: For lost, stolen, or damaged green cards
- Process:
*. Complete Form I-*.
*. Submit required documents (proof of identity, etc.).
*. Pay filing fee.
*. Attend biometrics appointment if required.
Given the circumstances, consulting with an immigration lawyer is advisable to strengthen the application and address potential abandonment issues.
Would you like information on the next steps if USCIS determines abandonment of residency?
can you show me a sample of complaint against consular officer?
Certainly, ****. Here’s a sample complaint against a consular officer:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
U.S. Department of State
Bureau of Consular Affairs
Office of Visa Services
* C Street NW
Washington, DC *
Subject: Complaint Against Consular Officer at the U.S. Embassy in Manila
Dear Sir/Madam,
I am writing to formally lodge a complaint against a consular officer at the U.S. Embassy in Manila, Philippines. My client, [Client's Name], a U.S. permanent resident since *, recently applied for a returning resident (SB-*) visa on [Date of Interview].
During the interview, the consular officer denied the SB-* visa without providing any explanation or reviewing the supporting documents presented, including medical records, a U.S. BAR ID, and letters from family members in the United States.
This denial, without due consideration of the evidence provided, appears to violate U.S. immigration law and consular procedures, specifically:
- * CFR § *.*, which mandates that applicants beinformed of the reasons for visa refusal.
- Foreign Affairs Manual (FAM) * FAM *.*, which emphasizes transparency and due process in visa refusals.
Given these circumstances, I request a review of this decision and a detailed explanation of the grounds for denial. Additionally, I urge the Consular Section to ensure that all consular officers adhere to the prescribed regulations and procedures to maintain fairness and transparency in the visa adjudication process.
Thank you for your attention to this matter. I look forward to your prompt response and resolution of this complaint.
Sincerely,
[Your Name]
---
Would you need more assistance on how to proceed with this complaint?
yes please
****, here are the next steps to proceed with the complaint:
*. Finalize the Complaint Letter: Ensure all relevant details and facts are included.
*. Submit the Complaint: Send the letter to the U.S. Department of State's Bureau of Consular Affairs and the Office of Visa Services, both via mail and email if possible.
*. Follow Up: Track the submission and follow up if you don't receive a timely response.
*. Seek Legal Advice: Consult an immigration lawyer to help navigate the complaint process and explore further legal options.
Would you like assistance with finding an immigration lawyer or more details on the submission process?
No, just research material that could support the case of my client, most especially, precedent cases related to the situation of my client.
****, here are some precedent cases and resources that may support your client's situation:
*. Matter of Kane, * I&N Dec. * (BIA *): Addresses abandonment of permanent residency due to prolonged absence.
*. Matter of Huang, * I&N Dec. * (BIA *): Discusses criteria for determining abandonment of residence.
*. Matter of Monreal, * I&N Dec. * (BIA *): Considers circumstances like family emergencies and health issues in abandonment cases.
Would you like further details on any of these cases?
yes please
****, here are further details on the precedent cases:
*. Matter of Kane, * I&N Dec. * (BIA *):
- Focus: Abandonment of permanent residency.
- Key Point: The case discusses how lengthy absences can be justified by significant family or health emergencies.
*. Matter of Huang, * I&N Dec. * (BIA *):
- Focus: Criteria for determining abandonment.
- Key Point: Factors like intent to return, ties to the U.S., and reasons for the absence are considered.
*. Matter of Monreal, * I&N Dec. * (BIA *):
- Focus: Family emergencies and health issues.
- Key Point: Such circumstances can be sufficient to argue against abandonment if properly documented.
Would you like more details on the legal arguments used in these cases?
yes please
****, here are more detailed legal arguments from the precedent cases:
*. Matter of Kane, * I&N Dec. * (BIA *):
- Argument: Significant family emergencies, such as caring for a sick relative, can justify prolonged absences from the U.S. without leading to abandonment.
*. Matter of Huang, * I&N Dec. * (BIA *):
- Argument: The intent to return is crucial. Evidence such as maintaining property, family ties, and communication with U.S. authorities can support non-abandonment.
*. Matter of Monreal, * I&N Dec. * (BIA *):
- Argument: Health issues and family emergencies, if documented appropriately, can be compelling reasons to argue against abandonment, considering the circumstances faced during the absence.
Would you like assistance with drafting arguments based on these cases?
yes
****, here are some arguments based on the precedent cases that you can use to support your client's case:
*. Matter of Kane, * I&N Dec. * (BIA *):
- Argument: Your client’s prolonged absence was due to severe illness and family emergency, similar to the significant family emergencies addressed in Kane. The voodoo curse and subsequent illness can be presented as extraordinary circumstances justifying the absence.
*. Matter of Huang, * I&N Dec. * (BIA *):
- Argument: Emphasize your client’s intent to return to the U.S., supported by:
- Communication with U.S. immigration authorities.
- Maintenance of U.S. professional credentials (law license and BAR ID).
- Letters from family members in the U.S. requesting his return.
*. Matter of Monreal, * I&N Dec. * (BIA *):
- Argument: Highlight documented health issues and family emergencies as compelling reasons for the absence, akin to the circumstances in Monreal. Provide medical records, faith healer’s statements, and other relevant documentation.
Ifyou need further assistance with drafting these arguments or any other aspect of the case, feel free to ask!
yes, i appreciate it
****, here are drafted arguments based on the precedent cases for your client's situation:
*. Matter of Kane, * I&N Dec. * (BIA *):
- Argument: Your client faced a significant family emergency and severe health issues, which justify his prolonged absence. The voodoo curse and resultant illness were beyond his control and required extensive time for recovery.
*. Matter of Huang, * I&N Dec. * (BIA *):
- Argument: Despite the prolonged absence, your client maintained the intent to return to the U.S., as evidenced by his communication with the U.S. ****migration Office, possession of a U.S. BAR ID, and letters from family members urging his return.
*. Matter of Monreal, * I&N Dec. * (BIA *):
- Argument: The health issues and family emergency faced by your client, coupled with the extraordinary circumstances of the voodoo curse, are compelling reasons against the determination of abandonment. Proper documentation of these issues supports his intent to maintain permanent residency.
Would you like more assistance with preparing the full legal brief or anyother specific details?
yes please
****, here are some steps to help you prepare a full legal brief:
*. Introduction:
- Briefly introduce your client's background and the issue at hand.
*. Statement of Facts:
- Detail the series of events, including the emergency in *, illness, communication with the U.S. ****migration Office, and application denial.
*. Legal Arguments:
- Matter of Kane: Argue that the family emergency and health issues justify the prolonged absence.
- Matter of Huang: Highlight your client's continuous intent to return and his ties to the U.S.
- Matter of Monreal: Emphasize the extraordinary circumstances, such as the voodoo curse, as compelling reasons against abandonment.
*. Supporting Evidence:
- Include medical records, affidavits from family members, communication with U.S. ****migration, and any other relevant documentation.
*. Conclusion:
- Summarize the arguments and request the appropriate relief, such as reconsideration of the SB-* visa denial or reissuance of the green card.
Would you like more detailed guidance on any of these sections?
Yes I like to have it
Sure, ****. Here’s a detailed guide for each section of the legal brief:
*. Introduction:
Introduce your client and the issue.
```
[Client's Name] has been a U.S. permanent resident since *. In *, due to a family emergency in the Philippines, he returned there but fell seriously ill and was unable to return to the U.S. for 11 years. Despite his continuous intent to return, his SB-* visa application was denied.
```
*. Statement of Facts:
Detail the events chronologically.
```
- *: [Client's Name] traveled to the Philippines due to a family emergency.
- During his stay, he fell seriously ill and was diagnosed by local doctors and faith healers as being under a voodoo curse related to a family land dispute.
- His U.S. visa-stamped passport was damaged, and his green card was lost in a flood.
- He communicated with the U.S. ****migration Office in Laguna Niguel, receiving delayed responses due to personnel shortages.
- He applied for an SB-* visa in * with new and old passport, U.S. BAR ID, and letters from family members.
- During the SB-* visa interview, his application was denied without review of his supporting documents.
*. Legal Arguments:
Use precedent cases to support arguments.
Matter of Kane, * I&N Dec. * (BIA *):
```
- Argument: The family emergency and subsequent severe illness justified the prolonged absence. The voodoo curse was beyond his control, requiring extensive recovery time.
```
Matter of Huang, * I&N Dec. * (BIA *):
```
- Argument: Despite the prolonged absence, [Client's Name] maintained the intent to return to the U.S. This is evidenced by his communication with U.S. ****migration, possession of a U.S. BAR ID, and letters from family members.
```
Matter of Monreal, * I&N Dec. * (BIA *):
```
- Argument: The health issues and family emergency, coupled with extraordinary circumstances like the voodoo curse, are compelling reasons against abandonment. Proper documentation of these issues supports his intent to maintain permanent residency.
```
*. Supporting Evidence:
Include all relevant documentation.
```
*. Medical records from doctors and faith healers.
*
yes, excellent!
****, here’s the detailed guide continued:
*. Supporting Evidence:
- Include all relevant documentation.
```
*. Medical records from doctors and faith healers.
*. Affidavits from family members detailing the emergency and your client's role.
*. Communication records with the U.S. ****migration Office in Laguna Niguel.
*. Copies of the damaged passport, new passport, and U.S. BAR ID.
*. Letters from family members in the U.S. urging his return.
```
*. Conclusion:
- Summarize the arguments and request the appropriate relief.
```
In conclusion, considering the significant family emergency, severe health issues, and extraordinary circumstances faced by [Client's Name], it is evident that he did not abandon his permanent residency. We respectfully request a reconsideration of the SB-* visa denial or the reissuance of his green card.
```
Would you like additional help with any specific part of the legal brief or any other matter?
can you make make a correct format for this complaint?
****, here’s a formatted version of your client's complaint:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
U.S. Department of State
Bureau of Consular Affairs
Office of Visa Services
* C Street NW
Washington, DC *
Subject: Complaint Against Consular Officer at the U.S. Embassy in Manila
Dear Sir/Madam,
I am writing to formally lodge a complaint against a consular officer at the U.S. Embassy in Manila, Philippines. My client, [Client's Name], has been a U.S. permanent resident since *. In *, due to a family emergency in the Philippines, he returned there but fell seriously ill and was unable to return to the U.S. for 11 years. Despite his continuous intent to return, his SB-* visa application was denied on [Date of Interview] without providing any explanation or reviewing the supporting documents presented, including medical records, a U.S. BAR ID, and letters from family members in the United States.
This denial, without due consideration of the evidence provided, appears to violate U.S. immigrationlaw and consular procedures, specifically:
- * CFR § *.*: Mandates that applicants be informed of the reasons for visa refusal.
- Foreign Affairs Manual (FAM) * FAM *.*: Emphasizes transparency and due process in visa refusals.
Given these circumstances, I request a review of this decision and a detailed explanation of the grounds for denial. Additionally, I urge the Consular Section to ensure that all consular officers adhere to the prescribed regulations and procedures to maintain fairness and transparency in the visa adjudication process.
Thank you for your attention to this matter. I look forward to your prompt response and resolution of this complaint.
Sincerely,
[Your Name]
---
Would you like more assistance with this or any other part of the process?
can you make me a US Federal Court like of format in preparing this complaint. To include the current precedent cases and statutory laws that are still active?
Sure, ****. Here is a formatted complaint for a U.S. Federal Court, including current precedent cases and statutory laws:
---
UNITED STATES DISTRICT COURT
FOR THE [DISTRICT NAME] DISTRICT OF [STATE]
[Your Client's Name],
Plaintiff,
v.
U.S. Department of State and [Consular Officer’s Name],
Defendants.
Case No.: [Case Number]
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
INTRODUCTION
*. Plaintiff [Your Client's Name], a U.S. permanent resident since *, brings this Complaint against the U.S. Department of State and [Consular Officer’s Name] for the wrongful denial of his SB-* visa application without proper consideration of evidence, in violation of U.S. immigration laws and consular procedures.
JURISDICTION AND VENUE
*. This Court has jurisdiction under * U.S.C. § * (federal question jurisdiction) and * U.S.C. § * (mandamus jurisdiction).
*. Venue is proper in this district under * U.S.C. § *JURISDICTION AND VENUE
*. This Court has jurisdiction under * U.S.C. § * (federal question jurisdiction) and * U.S.C. § * (mandamus jurisdiction).
*. Venue is proper in this district under * U.S.C. § *(e) because the Defendants are officers or employees of the United States acting in their official capacities.
PARTIES
*. Plaintiff: [Your Client's Name], a U.S. permanent resident since *, currently residing in the Philippines.
*. Defendants: U.S. Department of State and [Consular Officer’s Name], in their official capacity as consular officer at the U.S. Embassy in Manila.
STATEMENT OF FACTS
*. In *, Plaintiff traveled to the Philippines due to a family emergency.
*. During his stay, Plaintiff fell seriously ill and was diagnosed with a voodoo curse by local faith healers.
*. Plaintiff’s U.S. visa-stamped passport was damaged, and his green card was lost in a flood.
*. Plaintiff communicated with the U.S. ****migration Office in Laguna Niguel, receiving delayed responses due to personnel shortages.
*. Plaintiff
and what will be the title of this complaint?
The title of the complaint would be: "Complaint for Declaratory and Injunctive Relief for Wrongful Denial of SB-* Visa Application."
Would you like any further details or assistance with this complaint?
Just further details, please.
Sure, ****. Here are further details for your complaint:
---
UNITED STATES DISTRICT COURT
FOR THE [DISTRICT NAME] DISTRICT OF [STATE]
[Your Client's Name],
Plaintiff,
v.
U.S. Department of State and [Consular Officer’s Name],
Defendants.
Case No.: [Case Number]
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR WRONGFUL DENIAL OF SB-* VISA APPLICATION
INTRODUCTION
*. Plaintiff [Your Client's Name], a U.S. permanent resident since *, brings this Complaint against the U.S. Department of State and [Consular Officer’s Name] for the wrongful denial of his SB-* visa application without proper consideration of evidence, in violation of U.S. immigration laws and consular procedures.
JURISDICTION AND VENUE
*. This Court has jurisdiction under * U.S.C. § * (federal question jurisdiction) and * U.S.C. § * (mandamus jurisdiction).
*. Venue is proper in this district under * U.S.C. § *(e) because the Defendants are officers or employees of the United States acting in their official capacities.
PARTIES
*. Plaintiff: [Your Client's Name], a U.S. permanent resident since *, currently residing in the Philippines.
*. Defendants: U.S. Department of State and [Consular Officer’s Name], in their official capacity as consular officer at the U.S. Embassy in Manila.
STATEMENT OF FACTS
*. In *, Plaintiff traveled to the Philippines due to a family emergency.
*. During his stay, Plaintiff fell seriously ill and was diagnosed with a voodoo curse by local faith healers.
*. Plaintiff’s U.S. visa-stamped passport was damaged, and his green card was lost in a flood.
*. Plaintiff communicated with the U.S. ****migration Office in Laguna Niguel, receiving delayed responses due to personnel shortages.
*. Plaintiff applied for an SB-* visa in * and presented all necessary documents during the interview.
*. The consular officer denied the SB-* visa without providing any explanation or reviewing the supporting documents.
LEGAL ARGUMENTS
*. **Matter of Kane,
Can you give me the legal arguments?
Case Rating: *Sure, ****. Here are the legal arguments for your complaint:
LEGAL ARGUMENTS
*. Matter of Kane, * I&N Dec. * (BIA *)
- Argument: The family emergency and subsequent severe illness justify the prolonged absence. The voodoo curse and resultant illness were beyond your client's control, requiring extensive recovery time.
*. Matter of Huang, * I&N Dec. * (BIA *)
- Argument: Despite the prolonged absence, your client maintained the intent to return to the U.S. This is evidenced by his communication with U.S. ****migration, possession of a U.S. BAR ID, and letters from family members urging his return.
*. Matter of Monreal, * I&N Dec. * (BIA *)
- Argument: The health issues and family emergency, coupled with extraordinary circumstances like the voodoo curse, are compelling reasons against abandonment. Proper documentation of these issues supports his intent to maintain permanent residency.
*. * CFR § *.*
- Argument: The consular officer's failureto provide an explanation for the visa refusal violates the regulatory requirement that applicants be informed of the reasons for visa refusal.
*. Foreign Affairs Manual (FAM) * FAM *.*
- Argument: The denial without consideration of the supporting documents and without providing a reason violates the principles of transparency and due process outlined in the FAM.
*. ****migration and Nationality Act (INA) Section *(g)
- Argument: The INA mandates that applicants be provided with a reason for visa refusal, which was not adhered to in your client's case.
Would you like any more specific details or further assistance with this legal argument section?
yes excellent!
****, here are the detailed legal arguments for your complaint:
---
UNITED STATES DISTRICT COURT
FOR THE [DISTRICT NAME] DISTRICT OF [STATE]
[Your Client's Name],
Plaintiff,
v.
U.S. Department of State and [Consular Officer’s Name],
Defendants.
Case No.: [Case Number]
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR WRONGFUL DENIAL OF SB-* VISA APPLICATION
INTRODUCTION
*. Plaintiff [Your Client's Name], a U.S. permanent resident since *, brings this Complaint against the U.S. Department of State and [Consular Officer’s Name] for the wrongful denial of his SB-* visa application without proper consideration of evidence, in violation of U.S. immigration laws and consular procedures.
JURISDICTION AND VENUE
*. This Court has jurisdiction under * U.S.C. § * (federal question jurisdiction) and * U.S.C. § * (mandamus jurisdiction).
*. Venue is proper in this district under * U.S.C.§ *(e) because the Defendants are officers or employees of the United States acting in their official capacities.
PARTIES
*. Plaintiff: [Your Client's Name], a U.S. permanent resident since *, currently residing in the Philippines.
*. Defendants: U.S. Department of State and [Consular Officer’s Name], in their official capacity as consular officer at the U.S. Embassy in Manila.
STATEMENT OF FACTS
*. In *, Plaintiff traveled to the Philippines due to a family emergency.
*. During his stay, Plaintiff fell seriously ill and was diagnosed with a voodoo curse by local faith healers.
*. Plaintiff’s U.S. visa-stamped passport was damaged, and his green card was lost in a flood.
*. Plaintiff communicated with the U.S. ****migration Office in Laguna Niguel, receiving delayed responses due to personnel shortages.
*. Plaintiff applied for an SB-* visa in * and presented all necessary documents during the interview.
*. The consular officer denied the SB-* visa without providing any explanation or reviewing the supporting documents.
LEGAL ARGUMENTS
*. **Matter of Kane, * I
Can you elaborate further this Matter of Kane, * I?
Sure, here are the details on the Matter of Kane, * I&N Dec. * (BIA *):
~Matter of Kane, * I&N Dec. * (BIA *)
-
Focus: Abandonment of permanent residency due to a prolonged absence.
-
Key Points:
-
Family Emergencies: The case discusses how significant family emergencies can justify a lengthy absence from the U.S.
-
Health Issues: It also considers severe health issues as valid reasons for prolonged absence without leading to abandonment.
-
Intent to Return: The decision emphasizes the importance of the resident's intent to return to the U.S. and maintain ties, such as communication with U.S. authorities and family connections.
~Legal Arguments Based on the Case
- Family Emergency: Your client’s need to handle a family emergency in the Philippines mirrors the situation in Kane, where such emergencies justified prolonged absences.
- Health Issues: The severe illness and the extraordinary circumstance of being under a voodoo curse align with the health issues discussed in Kane, supporting the argument that these were beyond your client's control.
- **Intent to Return: Evidence such as communications with the U.S. ****migration Office, maintaining a U.S. BAR ID, and letters from family members show that your client always intended to return to the United States.
Would you like assistance incorporating these details into your legal brief or any other information?
Do you think the Court will consider the Voodoo Issue? Is there any case like this that involves voodoo causes?
****, while there may not be specific precedent cases explicitly involving voodoo curses, the court will consider the totality of circumstances, especially if they are well-documented. The focus will likely be on the intent to return and the reasons for the prolonged absence, such as health issues and family emergencies.
Key Points:
- Health and Family Emergencies: Courts have previously considered severe health issues and family emergencies as valid reasons for prolonged absences (e.g., Matter of Kane).
- Intent to Return: Demonstrating continuous intent to return through evidence like communication with U.S. authorities, possessing a U.S. BAR ID, and family letters.
Would you like to explore other cases that might indirectly support your argument or any further details on how to present the voodoo curse issue effectively?
yes please
Sure, ****. Here are some steps and additional cases to support your argument:
Key Points to Emphasize:
*.
Health Issues and Family Emergencies: Courts have considered severe health issues and family emergencies as valid reasons for prolonged absences.
*.
Intent to Return: Your client’s continuous intent to return, evidenced by communication with U.S. authorities, possessing a U.S. BAR ID, and family letters, is crucial.
Additional Cases:
*.
Matter of Huang, * I&N Dec. * (BIA *):
-
Focus: Criteria for determining abandonment.
-
Key Point: Intent to return is crucial. Evidence such as maintaining property, family ties, and communication with U.S. authorities can support non-abandonment.
*.
Matter of Monreal, * I&N Dec. * (BIA *):
-
Focus: Family emergencies and health issues.
-
Key Point: Such circumstances can be sufficient to argue against abandonment if properly documented.
Argument for Voodoo Curse:
-
Health Documentation: Emphasize the health deterioration and the eventual recovery attributedto the voodoo curse as documented by local doctors and faith healers.
-
Extraordinary Circumstances: Highlight the extraordinary nature of the situation and how it was beyond your client's control, similar to severe health issues recognized in other cases.
Incorporating into Legal Brief:
Legal Arguments:
*.
Matter of Kane, * I&N Dec. * (BIA *):
-
Argument: The family emergency and subsequent severe illness justify the prolonged absence. The voodoo curse was beyond his control, requiring extensive recovery time.
*.
Matter of Huang, * I&N Dec. * (BIA *):
-
Argument: Despite the prolonged absence, [Client's Name] maintained the intent to return to the U.S. This is evidenced by his communication with U.S. ****migration, possession of a U.S. BAR ID, and letters from family members.
*.
Matter of Monreal, * I&N Dec. * (BIA *):
-
Argument: The health issues and family emergency, coupled with extraordinary circumstances like the voodoo curse, are compelling reasons against abandonment. Proper documentation of these issues
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Here are some of the capabilities of FreeLawChat to assist a lawyer with extensive legal research:
*. Legal Research: Provide relevant statutes, regulations, and precedent cases.
*. Document Preparation: Assist in drafting legal briefs, complaints, and formal letters.
*. Case Analysis: Offer analysis based on legal precedents and specific case details.
*. Step-by-Step Guidance: Outline procedures for appeals, complaints, and legal filings.
*. Resource Compilation: Gather supporting evidence and documentation for legal arguments.
*. Statutory Interpretation: Explain and interpret complex legal statutes and regulations.
*. Case Updates: Provide updates on recent legal developments and changes in law.
Would you like assistance with a specific part of your legal research or more information on a particular capability?
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FreeLawChat is a free service that provides general legal information and assistance. You can use our services at no cost. If you need further, more in-depth legal representation or advice, we recommend consulting with a licensed attorney who can provide specialized services tailored to your needs. Would you like more information on any specific legal topic or assistance with another issue?
Yes, I would like to know, if there is a chance that I as a US Lawyer can open a legal consultancy in taiwan?
As a U.S. lawyer, opening a legal consultancy in Taiwan involves several steps and considerations:
- Local Bar Admission: You may need to become admitted to the local bar or obtain special permission to practice.
- Business Registration: You must register your consultancy with the relevant Taiwanese authorities.
- Work Permit and Visa: Secure the appropriate work permit and visa to operate in Taiwan.
Would you like more detailed information on any of these steps?
yes please
To open a legal consultancy in Taiwan, here are the detailed steps:
*. Local Bar Admission:
- Research whether Taiwan requires foreign lawyers to take any local exams or obtain specific certifications.
- Contact the Taiwan Bar Association for detailed requirements.
*. Business Registration:
- Register your consultancy with the Department of Commerce under the Ministry of Economic Affairs.
- Prepare necessary documents like business plans, proof of identity, and other legal documents.
*. Work Permit and Visa:
- Apply for a work permit through the Ministry of Labor in Taiwan.
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*. Compliance with Local Laws:
- Ensure compliance with Taiwan’s legal practice regulations and business laws.
- Consider partnering with a local law firm for guidance on local legal matters.
Would you like more information on a specific step or assistance with another legal issue?
They have a gold visa for professionals from other countries, most especially Doctors and Lawyers. Can I qualify for that category?
To qualify for Taiwan's Gold Card visa (Employment Gold Card), you must meet specific criteria. Here are the key points:
- Eligibility: The Gold Card is for highly skilled professionals, including doctors and lawyers.
- Criteria: Must demonstrate exceptional skills or professional achievements in your field.
- Application Process:
- Submit proof of qualifications and achievements.
- Apply online through the National ****migration Agency's portal.
- Await approval and issuance of the Gold Card.
Would you like more detailed information on the application process or the specific requirements?
yes
****, here are the detailed steps and requirements for applying for Taiwan's Employment Gold Card:
*. Eligibility:
- The Gold Card is designed for highly skilled professionals, including lawyers.
- Applicants must demonstrate exceptional skills or significant achievements in their field.
*. Criteria:
- Professional Achievements: Document your significant contributions and professional accolades.
- Qualifications: Provide credentials and certifications relevant to your field.
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*. Application Process:
- Prepare Documentation:
- Proof of your professional qualifications (e.g., law degrees, bar admissions).
- Evidence of significant achievements (e.g., awards, publications, notable cases).
- A detailed resume/CV highlighting your experience and skills.
- Online Application:
- Visit the National ****migration Agency’s Employment Gold Card portal: [Gold Card Application Portal](https://coa.immigration.gov.tw/coa-frontend/gold-card).
- Fill out the application form and upload your supporting documents.
- Fees:
- Pay the applicable fees for the application process.
- Approval Process:
- The review process may take several weeks to months.
- You may be asked to provide additional documentation or attend an interview.
- Issuance:
- Once approved, you will receive the Gold Card, which serves as a work permit, resident visa, and re-entry permit.
- The Gold Card is typically valid for one to three years and can be renewed.
*. Additional Considerations:
- Language: Proficiency in Mandarin may be beneficial but is not a strict requirement.
- Local Bar Association: Consider joining the local bar association for networking and professional support.
- Legal Compliance: Ensure compliance with Taiwan's regulations for foreign professionals and legal practitioners.
Would you like more assistance with gathering specific documents for the application, or do you have any other questions?
Is this Free law chat program is for limited time only?
No, FreeLawChat is not for a limited time only. This service is here to provide continuous support and general legal information whenever you need it. If you have any more questions or need further assistance, feel free to ask!
yes
****, it seems like your client has a strong case for reconsideration of the SB-* visa denial, given the detailed documentation and the precedent cases supporting the argument of non-abandonment due to health and family emergencies. Here’s a summary of the key points and legal arguments for your convenience:
Key Points:
-
Family Emergency: Significant family emergencies can justify prolonged absences (Matter of Kane).
-
Health Issues: Severe health issues, even if related to extraordinary circumstances like a voodoo curse, can be valid reasons for prolonged absence.
-
Intent to Return: Maintaining communication with U.S. authorities, possessing a U.S. BAR ID, and letters from family members indicate continuous intent to return.
Legal Arguments:
*.
Matter of Kane, * I&N Dec. * (BIA *):
-
Argument: The family emergency and severe illness justify the prolonged absence. The voodoo curse was beyond your client’s control, requiring extensive recovery time.
*.
Matter of Huang, * I&N Dec. * (BIA *):
-
Argument: Despite the prolonged absence, your client maintained the intentto return to the U.S., evidenced by his communication with U.S. ****migration, possession of a U.S. BAR ID, and letters from family members.
*.
Matter of Monreal, * I&N Dec. * (BIA *):
-
Argument: Health issues and family emergencies, coupled with extraordinary circumstances like the voodoo curse, are compelling reasons against abandonment. Proper documentation supports his intent to maintain permanent residency.
Steps to Strengthen Your Case:
*.
Gather Evidence: Compile all medical records, affidavits from family members, communication records with U.S. ****migration, and any other documentation.
*.
Draft Legal Brief: Use the provided structure and legal arguments to draft a comprehensive legal brief.
*.
Submit Complaint: File the complaint with the U.S. Department of State and the appropriate U.S. Federal Court if necessary.
Application for Taiwan's Employment Gold Card:
- Eligibility: Demonstrate exceptional skills or significant achievements in your field.
- Application Process: Prepare documentation, apply online, pay fees, and await approval.
If you have any further questions or need more detailed assistance with any step of this process, feel free to ask!
yes, you did an outstanding service for me.
****, it has been a pleasure assisting you. I'm glad you found the information helpful. If you have any more questions or need further assistance in the future, feel free to reach out. Good luck with your client's case and your potential move to Taiwan. Have a great day!
do you also happen to know about, commercial law and mergers and acquisition?
Yes, FreeLawChat can provide information on commercial law and mergers & acquisitions as well. How can I assist you with your specific query in this area?
I would like to know the process of conducting a due diligence?
****, conducting due diligence during mergers and acquisitions involves several key steps:
*. Financial Review:
- Examine financial statements, tax returns, and revenue reports.
- Assess the target company's assets and liabilities.
*. Legal Review:
- Evaluate contracts, intellectual property, and litigation history.
- Verify compliance with local and international laws.
*. Operational Review:
- Analyze business operations, supply chains, and management practices.
- Assess the company’s IT infrastructure and cybersecurity measures.
*. Regulatory Review:
- Ensure adherence to regulatory requirements and industry standards.
- Check for any pending regulatory issues or investigations.
*. Human Resources Review:
- Examine employment contracts, benefits, and labor disputes.
- Assess the organizational structure and key personnel.
Would you like more detailed steps on any specific aspect of the due diligence process?
Do you also, have the capability to produce the data needed for the above process?
****, due diligence in mergers and acquisitions involves gathering and analyzing a significant amount of data. Here are the capabilities of FreeLawChat to assist you with this process:
*. Financial Data Analysis:
- Provide information on financial statement analysis.
- Assist in understanding revenue reports and tax returns.
*. Legal Review:
- Offer guidance on evaluating contracts, intellectual property, and litigation history.
- Provide insights into compliance with local and international laws.
*. Operational Data:
- Help analyze business operations and supply chains.
- Offer information on IT infrastructure and cybersecurity measures.
*. Regulatory Compliance:
- Provide information on regulatory requirements and industry standards.
- Assist in identifying any pending regulatory issues.
*. Human Resources:
- Offer guidance on examining employment contracts and benefits.
- Provide insights into organizational structure and key personnel assessment.
Would you like detailed guidance on gathering specific types of data for any of these areas?
How long does FreeLawChat stay on line free of charge?
FreeLawChat is available free of charge indefinitely. You can use our services to obtain general legal information and assistance whenever you need it. If you have any further questions or need specific legal help, feel free to ask!
In registering my legal services and consultancy in hong Kong, do you have any information about how to register in Hong kong?
To register your legal services and consultancy in Hong Kong, follow these steps:
*. Choose a Business Structure:
- Sole Proprietorship, Partnership, or Limited Company.
*. Company Registration:
- Register with the Companies Registry.
- Submit the Articles of Association and incorporation forms.
*. Business Registration Certificate:
- Apply for a Business Registration Certificate from the Inland Revenue Department within one month of starting business.
*. Licensing:
- Obtain necessary licenses from relevant regulatory bodies, such as the Law Society of Hong Kong if you intend to practice law.
*. Compliance:
- Ensure compliance with local laws and regulations, including tax obligations, employment laws, and data privacy regulations.
Would you like more detailed information on any of these steps?
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