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Cheng Achieves Safe Passage for Minor Fleeing to United States

June 30, 2021

Eric Cheng (Partner-White Plains, NY) handled a safe passage matter concerning a young man from Bangladesh who fled to the United States when he was 15 years old to escape neglect and abandonment by his parents and violence inflicted by gang members. While the U.S. Citizenship and Immigration Service (USCIS) granted the then-minor Special Immigrant Juvenile Status, it notified the client of its intent to revoke the status claiming the application was filed after Eric’s client turned 21. After Eric received the Notice of Intent to Deny, he discovered that USCIS erroneously treated a subsequent filing for employment authorization as the date of filing for the application for Special Immigrant Juvenile Status. Working with an attorney from the Safe Passage Program, the firm prepared a detailed explanation as to the history of the application and requested USCIS to withdraw its Notice of Intent to Deny. After a year, USCIS agreed to withdraw the notice and allowed the young man to submit to a medical examination for the Green Card application, which was then rejected on the basis of an alleged signature mismatch. Eric and the firm assisted the young man throughout another set of examinations, and the client successfully obtained his residential Green Card as well as a job in the United States.

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