McBean Immigration Law

Board of Immigration Appeals Approves Motion to Reopen Sua Sponte for Client Who Has Been in U.S. for 21 Years!


This is a remarkable story about perseverance, patience and victory during the Trump years!

Our client entered the U.S. in 2002 from Haiti without proper entry documents.

He then applied for asylum and his application was denied.

In August 2004, the Immigration Judge ordered him removed.

He appealed the decision, and the Board of Immigration Appeals (Board) dismissed his appeal in 2006.

In 2010, he applied for Temporary Protected Status (TPS) and traveled outside of the U.S. with his advance parole document.

He later met his U.S. Citizen wife and got married in 2018.

The couple then filed a green card application.

The I-130 petition was approved but the I-485 adjustment of status application was denied.  

The couple consulted with us in December 2019 at our old Elmont, New York office.  

We first obtained their records and studied the immigration history.

In June 2020, we submitted our Motion to Reopen with the Board of Immigration Appeals.  

In January 2021, the Board approved our request to reopen the client’s case!

Our motion was statutorily barred because it was filed more than 14 years after the Board’s final decision, however, the Board approved it based on the evidence submitted.  

The case was then sent back to the Immigration Court in Miami.

Because the client lives in New Jersey, we filed a motion to change his venue and it was granted.

We then prepared an Adjustment of Status application for him and filed it with the New Jersey court.

While we were waiting for a hearing date, we then submitted a Prosecutorial Discretion request to ICE for dismissal.

In May 2022, we prepared a Joint Motion to Terminate the removal case.

In July 2022, our Joint Motion was granted.

In August 2022, the Immigration Judge signed the order to terminate proceedings!

In September 2022, we submitted our client’s I-485 green card application to USCIS.

In June 2023, his green card application was approved!

This case illustrates how critical it is to have a cohesive immigration strategy with a trusted and experienced immigration attorney.

If you or someone you know need help with an immigration case, click here to request a meeting with an attorney.  

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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