McBean Immigration Law

After 14 Years With a Removal Order, Client from Haiti is Approved for Permanent Residence

Going through an immigration case during these times can feel truly overwhelming, especially when the process is filled with numerous challenges.

We’re here to support our clients every step of the way, offering guidance and care as we navigate the complexities of U.S. immigration law together

Today, we’re excited to share the success story of one of our clients, who after over 15 years in the United States, is finally a green card holder. 

Our client entered the U.S. in 2009 without inspection, and in 2010, he applied for asylum.  

His case was referred to immigration court, and in that same year, he was ordered removed from the U.S.  

Despite this setback, he applied for and received Temporary Protected Status (TPS) from Haiti, which allowed him to stay legally in the country for several years. 

In 2014, he married his U.S. citizen spouse, further solidifying his ties to the United States.

He also traveled on advance parole based on his TPS status, which allowed him to leave the U.S. and return without jeopardizing his legal status. 

While our client’s spouse petitioned for his I-130, Petition for Alien Relative, and it was approved, our client’s adjustment of status application was denied due to his outstanding removal order. 

This created a significant roadblock, as he was unable to apply for a green card through the standard adjustment of status process. 

During our initial consultation, our attorney suggested a comprehensive case assessment to analyze the client’s immigration history and explore the possibility of prosecutorial discretion. 

We requested and carefully reviewed the client’s FOIA records from multiple government agencies to gain a full understanding of his case history. This helped us determine the best strategy for moving forward. 

After reviewing all the details, we decided to pursue a request for prosecutorial discretion, asking the government to reopen and dismiss the removal proceedings. 

In December 2023 the Assistant Chief Counsel agreed to join our motion to reopen and dismiss his proceedings, and in February 2024, our client received great news: the immigration judge granted our motion to reopen and dismiss the proceedings! 

With the removal order dismissed, our client was finally eligible to apply for adjustment of status once again. 

We submitted the adjustment of status application in July 2024.

Despite receiving an erroneous RFE notice, our team responded quickly and effectively, ensuring the process continued smoothly. 

In January 2025, our client’s adjustment of status application was approved. 

Today, our client is officially a green card holder.  

We’re thrilled to have helped him achieve this milestone, and we’re grateful for the trust he placed in us throughout his journey. 

If you or someone you know needs immigration assistance, don’t hesitate to reach out. 

Click here to request a consultation with one of our experienced attorneys. 

P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.

About the Author

mcbeanlawfirm

McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

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