While navigating U.S. immigration laws, success stories often emerge from perseverance, strategic legal maneuvers, and a dedicated legal team. Today, we’re thrilled to share that after 24 years in the United States, our client has been granted prosecutorial discretion, marking the termination of his removal proceedings and opening the doors to a green card!
Our client made multiple trips to the United States on his tourist visa since 1993 and ended up staying in 2000. He subsequently applied for asylum due to dire circumstances in Haiti. His asylum application was denied by both USCIS and the immigration judge.
Undeterred, he appealed the decision, but unfortunately, the appeal was dismissed, resulting in an order of removal in February 2002. Through these challenges, our client had a glimmer of hope when he obtained Temporary Protected Status (TPS) following the Haiti earthquake in 2010.
Our client’s U.S. citizen son also filed an I-130 petition on his behalf in November 2017, and it was approved several months later. In October 2019, he filed a Motion to Reopen and Terminate his removal case, but it was denied in June 2020.
Our client then sought our expertise to determine whether he could try again to reopen his removal case after his first attempt failed. Having spent more than 20 years in the U.S., our client understood the complexities of his immigration history and desired a thorough review of his situation.
We recommended a request to DHS to join in the motion to reopen and terminate removal proceedings under Prosecutorial Discretion. Prosecutorial discretion considers the client’s positive and negative factors that would guide the government attorney whether to prosecute a case or exercise some form of discretion.
We submitted the Prosecutorial Discretion request in July 2023.
On January 19, 2024, the Assistant Chief Counsel agreed to the Joint Motion to Reopen and Terminate, a significant success in our client’s immigration journey. With the termination of removal proceedings, our client now has a clear pathway to obtaining a green card. With his prosecutorial discretion approval and a successful I-130 petition, our client can move forward with the I-485 adjustment of status.
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P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
