Application for Stay of Deportation or Removal Approved

A client who was detained due to a prior order of deportation in the 1990s retained us to file an application for a stay of deportation or removal as he was soon to be deported from the United States.  This client is married to a U.S. citizen and has a U.S. citizen son, but was not eligible to apply for a green card prior to his immigration court hearing because his wife was not a citizen at the time.  For that reason, there was no visa "immediately available" and while we did not represent him in Immigration Court, it appears that his Immigration Judge would not agree to  adjourn the case to wait for his wife to be naturalized.  Last Monday, we learned from our client's deportation officer that he was scheduled to be put on a flight out of the U.S. last Thursday.  We filed a request with the lawyers for the Government that they join a motion to reopen our client's deportation proceedings, and immediately filed an application for a stay with evidence of our client's relationship and positive discretionary factors.  Our request for a stay was approved and our client was taken off of the flight last Thursday.  We are now awaiting a response from the lawyers for the Government regarding our motion to reopen his deportation proceedings.

Chinese Indonesian Client Released from Jail Despite Final Order of Deportation

A few weeks ago, I received a phone call from a jail in Texas.  The call was from a Chinese woman from Indonesia who was a friend of one of my old clients and she told me that she had been arrested by Immigration officers a few days earlier.  She told me that she was married to an American man and that they had a 3 year old child together.  I asked her about her immigration history, and she told me that another immigration lawyer had filed a motion to reopen her removal proceedings (her immigration court case) that had been denied and told her that there was nothing that he could do to help her get out of jail because she had a final order of deportation.  I explained that the Immigration Service might deport her, but that they could release her under an "Order of Supervision" if we could show that her equities in the United States warranted it. Under the law, the Immigration service is required to consider releasing an immigrant with a final order of deportation who has been detained for 90 days if they have not deported the immigrant by that time.  The Department of Homeland Security calls this the "90 day file review."  If they decide not to release the immigrant and still have not deported him or her after 180 days, they are required to do a 180 day file review and consider releasing the immigrant at that time.  The Immigration Service rarely releases anyone from detetnion prior to the 90 day file review.  Knowing this, I still decided to submit as thorough a request for release as possible, and to do so quickly. I left a number of phone messages for the officer regarding the case and told him that I would be mailing a request for release by overnight mail the next day.  I obtained numerous documents from my client's husband to prove that they were living together and that she was caring for their son prior to being arrested, and that he had sufficient financial resources to ensure that she would not become a "public charge" if she were released from detention.  I also told the deportation officer that my client's husband had filed a Form I-130 for her which was still pending and that after it was approved, we would try again to reopen her case by requesting that the lawyers for the Department of Homeland Security join our motion to reopen.   The officer called me back a few days later, and luckily, he seemed reasonable and told me that he was considering letting my client go and placing her on an Order of Supervision but that his supervisor had to agree and that he would have an answer the next day. The next day, my client and her husband were thrilled to learn that my request for her release had been approved, as well as a 6 month stay of deportation which I had filed concurrently.  If Congress passes an amnesty prior to the expiration of the 6 month stay of deportation, my client may be allowed to apply for some form of permanent status in the U.S.

Green Card Approved for Canadian Citizen based upon marriage to a U.S. Citizen

Our client is a Canadian Citizen who had met her U.S. Citizen husband during a visit to the United States.  She had visited him multiple times in Philadelphia and they developed a relationship and fell in love.  Approximately 4 months subsequent to her last visit to the United States he proposed to her and she accepted.  They were married and came to our law firm for assistance in the green card application process.  Our client had not been issued an I-94 card or an admission stamp in her passport upon her last entry to the United States.  As part of the adjustment of status application packet, we prepared an Affidavit with our client to document her lawful inspection and entry into the United States and her nonimmigrant intent at the time of entry.  Following an interview at the USCIS Philadelphia Immigration Office our client's conditional permanent residence was approved.

I-485 Application Approved for Derivative Spouse of Employment Based Adjustment Applicant whose Application had been Separated from Principal

We filed an I-485 adjustment of status application for a principal alien and derivative spouse on the basis of an approved I-140 National Interest Waiver Petition.  The adjustment of status of the principal alien was approved expeditiously but the adjustment of status of the derivative spouse remained pending.  This separation of family member applications is not unusual at USCIS.  Our immigration attorneys made numerous follow-up inquiries with USCIS and congressional authorities which resulted in the approval of the green card application of the derivative spouse.

I-131 Rentry Permit Approved for Permanent Resident on Expedited Basis

An I-131 Application for a re-entry permit was filed on an expedited basis in order for the permanent resident to be able to provide biometrics prior to a planned departure from the United States approximately 1 month after the filing.  The expedited biometrics appointment was obtained and the re-entry permit was obtained.  The re-entry permit will allow the permanent resident to remain outside the United States for up to 2 years without abandoning permanent resident status.

Form I-360 Self-Petition Approved for Battered Husband

The Violence Against Women Act authorized immigrants to self-petition using Form I-360 if they are a battered spouse married to a U.S. citizen or lawful permanent resident.  Further, unmarried children under the age of 21, who have not filed their own self-petition, may be included in the petition as derivative beneficiaries. The I-360 self-petition is much more commonly used by battered women who have suffered severe abuse by their U.S. citizen husbands.  Our client, on the other hand, is a man who was abused by his U.S. citizen wife.  While the USCIS should not apply a different legal standard, or standard of proof, to men who file battered spouse petitions, many believe that it is considerably easier to prevail where the battered spouse petition is filed by a woman. We evidenced our client's abuse by submitting a lengthy, chronological affidavit that set forth each instance of his abuse over the past two years of his marriage.  We also provided thorough evidence to support his affidavit, including medical records, where applicable, and detailed affidavits of friends and family members who witnessed or were aware of various instances of the abuse. This case is also unique in that our client entered the U.S. without inspection.  Generally, immigrants who entered without inspection (EWI) may only apply for green cards through a special law known as 245(i), a section of the Immigration and Nationality Act that authorized certain immigrants to adjust their status where a petition was filed prior to April 30, 2001.  However, recent guidance from the USCIS indicates that battered spouse petitions may be filed along with applications for adjustment of status even for immigrants who entered the U.S. without inspection.  Some immigration lawyers may still be unaware of this development.  This issue had remained unresolved for many years prior to an authoritative memorandum that established the current precedent.  Expect an update on this case after our client attends his adjustment of status interview.

EB1 Green Card Application approved in 2 Months

Chinese National with approved EB-1 Outstanding Researcher Petition filed for adjustment of status along with his wife and son.  The green card applications were approved within 2 months of the date of filing.

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