McBean Immigration Law

After 32 Years, Client With Removal Order Can Get Green Card (Prosecutorial Discretion)

couple holding hands gets help from visa lawyer

November 18, 2021

After 32 years of closed doors, our Client can finally get a Green Card!  This victory is one of the most fulfilling one for us at McBean Law. 

Our client came to the U.S. in 1989 on his tourist visa. He overstayed. His wife later filed for him, but his case was denied. He was then placed in removal proceedings.

While in removal, he applied for Cancellation of Removal. He had 10 years of presence in the U.S. and two small U.S. citizen children. However, the Immigration Judge denied his application.

He was granted Voluntary Departure in 2001.

He appealed to the Board of Immigration Appeals (BIA), but his case was denied again.

Years later, his U.S. citizen son filed for him. However, USCIS did not have jurisdiction over his Adjustment of Status application since he was in removal.

The only way that he could get a Green Card was if his removal case was reopened…and that is very difficult to do.

He met with Attorney McBean Pompy in April 2021. The firm did a case assessment and requested all of his records from the government.

We then recommended a Motion to Reopen to the BIA. While preparing the Motion, the Biden Administration announced that Prosecutorial Discretion is back!

We then advised the Client that it would be better to seek a JOINT Motion to Reopen his case with ICE’s help. Our motion would ask that his removal proceedings be dismissed so that he may apply for Adjustment of Status with USCIS.

Client agreed with this strategy, and we filed our request with ICE at the end of August.

Yesterday, ICE informed us that they have approved our request!

This was very difficult to accomplish because this approval came from one of the toughest ICE office in the south!

Our client will finally be able to get his Green Card!

Watch Attorney McBean Pompy’s video about this case: “After 32 Years, Client With Removal Order Can Get Green Card.” 

P.S. Success stories are based on real cases. However, each case is different, and past successes do not guarantee that all cases will have a similar result. Consult a licensed immigration lawyer to discuss your unique situation.

About the Author

mcbeanlawfirm

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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