We are happy to share a remarkable success story about our client from Nepal who now has a pathway to Lawful Permanent Residency. Although he endured a brutal 10-year civil war in Nepal, he sought refuge in the United States because he still faced ongoing threats to his life.
Upon entering the United States without inspection in 2014, he was detained and placed in removal proceedings. He applied for asylum, but faced major setbacks, including the denial of his asylum case and his subsequent appeal.
His journey took a positive turn when he was granted Temporary Protected Status (TPS) due to the unrest following the deadly earthquake in Nepal in 2015. His U.S. citizen wife also filed an I-130 Petition for Alien Relative on his behalf in July 2018, which was approved the following year.
Another positive moment occurred in January 2019 when he had an opportunity to travel outside the U.S. on his Advance Parole from his TPS case.
However, his path to permanent residency hit a major roadblock when his I-485 Adjustment of Status Application was denied in November 2019 because the immigration court retained jurisdiction over his case.
He consulted with us in August 2022 about reopening his old removal case so that he may apply for Adjustment of Status a second time.
Undeterred, we embarked on a strategic legal approach, advocating for ICE to use its prosecutorial discretion powers to join our Motion to Reopen and Terminate Removal Proceedings based on our client’s circumstances. We prepared a compelling case highlighting his contributions to society, lack of threat to national security, and the extreme hardship he and his family would face if deported to Nepal. Our diligent efforts included thorough reviews of his case files from USCIS and EOIR.
In April 2023, our legal team submitted a Prosecutorial Discretion request to the New York City ICE/DHS office.
On February 22, 2024, we received the news we had been eagerly awaiting – our request for prosecutorial discretion had been granted! With this approval, we stand ready to assist our client in navigating the remaining steps of his immigration journey with confidence. Prosecutorial discretion has spared him from the threat of deportation and given him a second chance to apply for Adjustment of Status with USCIS.
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P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
