Immigration Law Case Studies (Page 2)
Return to the U.S. of a deported husband and child; reopening of the wife’s deportation case
...A man and his college-age daughter were deported on a 15-year old deportation order. His wife was under the same deportation order. We helped her to get a stay of deportation so she could remain here with her U.S. citizen son. We helped the husband apply for an immigrant visa at the American Embassy on his U.S. citizen father’s visa petition. We succeeded in getting him waivers of the ten-year bars to his return because of his deportation and his unlawful presence in the United States of over a year.
After the husband returned as a permanent resident, we got his wife’s deportation case reopened and terminated so she could apply for a green card through her husband’s case.
We also succeeded in obtaining a humanitarian parole for the daughter to return to the United States for medical treatment not available in her country. The father has now petitioned for her so she will be able to get her resident status.
Cancellation of removal for a non-lawful permanent resident
...A man in his early 30s from Central America was placed in removal proceedings. He had been in the U.S. since he was 18. He was separated from his wife and had custody of their two U.S. citizen children, ages 9 and 6. He made his living installing and maintaining wood flooring, a trade he had learned here.
We helped him apply for cancellation of removal as a non-permanent resident.
We showed that he had at least 10 years of residence in the U.S. before the case started, that he was of good moral character all of that time, and that his deportation would cause his two children extremely unusual and exceptional hardship, whether they stayed in the U.S. or went with their father to his impoverished, crime-ridden country.
The Immigration Judge granted the man’s application, and the government did not appeal. The man is now a lawful permanent resident and is living here with his two U.S. citizen children.
I-130 visa petition
...A United States citizen wanted to get a green card for his wife. He had to overcome a presumption that their marriage was a sham because they married when wife was already under deportation proceedings. In fact, they married after her appeal to the Board of Immigration Appeals had been dismissed and they had only 90 days to file a motion to reopen. Almost immediately, we filed the husband’s I-130 visa petition with the Immigration Service and a motion to reopen with the Board. The motion was granted, and eventually so was the petition. At a new hearing, the Immigration Judge granted the wife lawful resident status.