Substantial hurdles stood in our client’s way, but the battle ended victoriously to secure our client’s continued presence in the United States.
Our client’s journey in the U.S. began in 2002 when he entered the country without inspection.
He filed an application for asylum in 2003, citing a well-founded fear of persecution in Mauritania due to his race and political beliefs.
In 2004, our client’s asylum application was granted, allowing him to begin building a life in the U.S.
However, his path became complicated in the years that followed.
Amid personal hardships, our client faced an incredibly difficult situation.
His ex-wife was battling cancer, and he struggled to secure the healthcare she needed.
The couple had children together and feared for her life.
In a desperate attempt to obtain better health insurance, he made a regrettable decision: he used fraudulent identification documents to appear younger, intending to enlist in the military.
He also falsely stated that he had no children other than his U.S. citizen children.
Unfortunately, this decision had serious repercussions.
During Trump’s first term, the Department of Homeland Security (DHS) filed a motion to reopen our client’s asylum case based on the alleged fraud.
The immigration court granted this motion in 2018, and the case was set for a new hearing in a very conservative Southern state.
Upon reopening the case, our client faced yet another obstacle: his attorney withdrew from the case just before the individual hearing, leaving him without legal representation and in urgent need of assistance.
To complicate matters further, the immigration judge assigned to his reopened case had previously handled his case as an attorney for DHS, creating a conflict of interest.
With his individual hearing approaching, our client sought help from other firms but they turned him down due to the complexity of his case and very little time left to prepare for his hearing.
He then had a consultation with us just a few short months before his hearing.
We quickly got to work, filing an I-130 Petition for Alien Relative based on his marriage to his current spouse.
We also filed a motion for continuance, which was unfortunately denied.
However, we advocated that a different immigration judge should be assigned to the case due to the conflict of interest, and this request was granted.
On the day of the hearing, we encountered a stroke of luck: the newly assigned immigration judge decided to adjourn the hearing and advised us to seek prosecutorial discretion.
This pivotal moment provided us with the opportunity to advocate for our client in a manner that could lead to a favorable outcome.
We promptly submitted a request for prosecutorial discretion, including a detailed declaration that explained our client’s actions.
The letter emphasized that his decision to falsify his age and to claim he had no other children stemmed from a desperate need to secure better healthcare for his ex-wife.
We also highlighted that the original asylum application was genuine, as our client had a legitimate fear of persecution in his home country.
Additionally, we presented evidence of our client’s good moral character, including letters of support from his ex-wife, proof of employment, tax transcripts, and documentation showing that he was the primary caregiver for his three U.S. citizen children.
Despite our efforts, DHSl failed to respond to our request for prosecutorial discretion.
Amazingly, during the individual hearing, DHS granted our request to dismiss the proceedings!
The judge also granted our motion!
Stunned by this favorable outcome, our client and his family are no longer facing the fear of deportation and family separation.
This was a momentous victory for our client, marking the end of a long and challenging legal journey.
Our client’s journey involved navigating numerous challenges—from fraud allegations to a lack of legal representation—but through a comprehensive and compassionate strategy, we secured a favorable outcome.
At our firm, we take pride in advocating for those facing difficult immigration matters.
Each case is unique, and we are committed to providing the best possible solutions for our clients, regardless of how challenging the path may be.
If you or someone you know needs help with an immigration case, click here to request a consultation 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.
