Getting relief after a final order of removal is never simple. But with the right legal strategy, a strong record, and the right timing, it can still be possible to reopen a case and move forward.
Our client is a citizen of the Philippines who entered the United States on a B-2 visitor visa in 2004.
Years ago, an I-140 immigrant petition was filed on her behalf based on her work as a physical therapist. That petition was later revoked, and her adjustment of status application was denied.
She was then placed in removal proceedings and appeared for a Master Calendar Hearing in 2008.
The Immigration Judge granted her voluntary departure.
She appealed that decision, arguing that she should have been granted a continuance because she now had potential relief based on marriage to a prior husband.
In 2010, the Board of Immigration Appeals denied her appeal.
Because she did not depart under the voluntary departure order, it converted into a final order of removal.
For years, she continued her life in the United States under that removal order.
In March 2016, she married her current husband, a United States citizen. They remain married and have continued building their life together.
Her U.S. citizen husband filed an I-130 petition on her behalf in September 2021, and after an interview in 2022, the I-130 was approved.
However, even with an approved I-130, she still could not apply for adjustment of status because she remained under a final order of removal.
She then came to McBean Law to identify the most strategic path forward.
We were successful with obtaining prosecutorial discretion on her behalf with ICE agreeing to join our motion to reopen and dismiss her removal proceedings.
Reopening and dismissal would remove the barrier created by the removal order and allow her to pursue adjustment of status based on the approved I-130 petition filed by her U.S. citizen spouse.
In our motion, we emphasized the strong favorable factors in her case, including her more than two decades of residence in the United States, a bona fide marriage to a U.S. citizen, a child in the United States, deep family and community ties, no criminal record, and consistent tax compliance and other positive equities.
In February 2026, the Board of Immigration Appeals granted the Joint Motion, reopened her case, and dismissed her removal proceedings!
If you have an old removal order, or a denied adjustment application contact McBean Law to discuss your options.
Call us at (914) 898-9488 to schedule a private consultation.
P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
