Success Story
Denial
Success Story
Problem:
A U.S. woman was denied an identity document from a government organization.
A United States citizen came to my office for help because, although she was born in the United States, she moved with her parents back to Mexico at a young age. Even though she had a copy of her birth certificate, issued by the state where she was born, she could not get a Mexican passport. A U.S. citizen can obtain an original birth certificate from the state where they were born and is entitled to apply for a U.S. passport. However, passport applications require government-issued identity documents with a photo. While my client was able to return to the United States, she was unable to obtain an original copy of her birth certificate to get a driver’s license or identity document. This prevented her from applying for a U.S. passport.
Solution:
I contacted the agency and discovered the exact documents required and sent them, with any translations.
The vital records agency of the state where my client was born issues original birth certificates. The state department has an extensive procedure, requiring numerous documents along with my attorney credentials, to produce the identity document my client needs, given she does not have another passport. Therefore, we gathered any identity documents that she did possess, and I provided my own identification and credentials as an attorney to assist her in obtaining the certificate.
Results:
My client obtained two copies of her original birth certificate.
My client received her original birth certificate after my office sent all the required documentation to the government agency. Now, with her birth certificate, she was able to get her California Identification card from the Department of Motor Vehicles (DMV) and apply for a U.S. passport.
Other types of denials might be more challenging. In the case of a USCIS asylum application, the “appeal” process following a denial involves referral of the case to the Immigration Court (EOIR) in San Francisco for a hearing. For other types of application denials with USCIS (e.g., EAD (I-765), Petition for Alien Relative (I-130), Deferred Action for Childhood Arrival (DACA) renewal (I-821D), among others), appellants must file an appeal on Form I-290B within 30 calendar days after personal service of the decision, or 33 calendar days if the decision was mailed. Upon receiving any denial, it’s best to present the determination letter and any other relevant documents to an immigration attorney as soon as possible.
Whether you’re considering an application to the USCIS, have made an application, or have requested documents from a government agency and been denied, I can help you understand your options. Please call today for a consultation regarding your immigration matter.
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Address
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