After a two year struggle, Payas, Payas & Payas gets Permanent Residency for Dahianna Heard.
Dahianna Heard faced deportation from the United States Immigration and Citizenship Services (USCIS) because her American born husband, Jeffrey, while in Iraq as a private contractor, was shot and killed in an ambush.
Dahianna and Jeffrey entered into a valid and loving marriage on July 9, 2004 in the State of Florida. Their son Bryan was born on September 23, 2005. A short time later, Jeffrey returned to duty in Iraq. On March 20, 2006 Jeffrey’s convoy was ambushed by insurgents in Fallujah where he was killed in a firefight as the result of a gunshot wound to the head.
In September 2006, Dahianna was denied petition for Permanent Residency by The United States Citizenship and Immigration Services (USCIS) because she and her husband were not married for the required two years (they were short three and a half months only). At this time, Rafael Pineda of Payas, Payas & Payas wrote two letters to the USCIS District Director in Orlando seeking reconsideration based upon humanitarian grounds. No responses were received.
In October 2006 an appeal was filed with USCIS which ultimately was turned over to the Board of Immigration Appeals in Virginia. One year later, word was received that the appeal was denied.
In December 2007, Payas, Payas & Payas filed a motion for reconsideration prompting USCIS to take a second look at Dahianna’s case. Finally, after submitting specific documentation to the agency, USCIS approved Dahianna’s Permanent Residency in January 2008.
This case illustrates that with dedication and perseverance, Dahianna did not go through this journey alone, but with her attorneys by her side. Knowledge of the law and the right amount of emotional involvement made this case a success and got Dahianna her permanent residency.
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