It was always Carmelita’s* dream to live in the United States. She was devastated when her application for permanent resident status (green card) was denied. And then she was confused when she was told that her application was denied due to an error by U.S. Citizenship and Immigration Services.
Carmelita was born in the Philippines. She was eligible for her green card as a derivative of an I-140 Petition that had been filed for her father. Carmelita filed her application for adjustment of status since she was living in the United States, but USCIS denied her application in 2025. In the denial, USCIS incorrectly stated that Carmelita was not protected under the Child Status Protection Act because she had purportedly failed to “seek to acquire” lawful permanent resident status within one year of visa availability.
With fears of deportation and the possibility of never getting a green card, Carmelita sought the assistance of Reeves Immigration Law Group (RILG). Carmelita was represented by Attorney Flomy J. Diza. Attorney Diza is the Supervising Attorney of RILG’s offices in San Francisco and Concord, CA.
Attorney Diza immediately identified the errors in USCIS’ denial, and he timely filed a Motion to Reopen/Reconsider with USCIS. Attorney Diza’s legal brief to USCIS argued that USCIS’ denial was legally flawed and factually erroneous. He argued that USCIS misapplied both the law and the pertinent facts of the case, and as a result, they incorrectly concluded that Carmelita failed to “seek to acquire” her green card within one year of visa availability.
Attorney Diza’s brief provided a detailed, compelling and persuasive analysis of how Carmelita did indeed satisfy the requirement that she “seek to acquire” her green card within one of visa availability. His legal analysis was based on USCIS guidance and established precedent, including referencing the USCIS Policy Manual.
RILG is now happy to announce that Carmelita’s case was reopened, and she was granted her green card. The process certainly involved more stress and worry than Carmelita envisioned, but she could not be happier right now since she now has her green card. And Carmelita is already thinking about the day she will be eligible to apply for U.S. Citizenship.
*We are referring to our client as “Carmelita” to protect her privacy.
