McBean Immigration Law

After 19 Years With a Removal Order, Client from Haiti has Removal Case Dismissed!

Our client came to the US when he was 18 years old.

In 2004, an immigration judge denied his application for asylum and a removal order was entered against him.

In 2014, his US citizen spouse filed an I-130 petition on his behalf, however, because of his removal order he was not eligible to become a permanent resident.

The client met with us in 2021.

We recommended attempting to have his old removal order reopened and dismissed through a process called Prosecutorial Discretion.

Prosecutorial discretion is a purely discretionary form of relief that ICE can offer to worthy cases.

We presented evidence to ICE that our client was a worthy case; he had built strong roots in the US, he was not a criminal threat, and he had US citizen family who would suffer hardship if he were removed.

We submitted proof of our client’s equities to ICE and asked that they join us in a motion to reopen and dismiss his case.

Because of the strong case we put forward, ICE agreed to join our motion to reopen on May 1, 2023.

The client will now be able to file for his green card, bringing to a close his 22-year quest for lawful status in the US.

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


McBean Law, PLLC is a New York, Westchester-based immigration law firm that represents clients in the United States and across the globe.

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