McBean Immigration Law

Client’s Joint Motion to Dismiss Removal Case is Approved!

Our Jamaican Client was deeply worried about her future when she met with us in November 2022.

For many years, she visited the US on her B2 visitor visa and complied with the terms of her visa.

However, she did not leave the US after visiting in May 2015.

She got married in June 2017, and her husband filed an I-130 petition for her a few months later.

The marriage was bona fide, however, it did not last very long.

The couple separated, and her husband did not attend the green card interview.

Consequently, our Client’s I-485 application was denied.

Based on that denial, USCIS placed our Client in immigration court in June 2020 to begin the deportation process against her.

The only ground of removal in her Notice to Appear was that she had overstayed her B2 immigrant visa.

She eventually divorced her ex husband and moved on with her life.

In December 2022, she entered into a bona fide marriage with her current US citizen husband.

After hiring our firm to represent her in immigration court, we prepared a Prosecutorial Discretion request to dismiss her removal case.

If her removal case is dismissed, she would be free to pursue lawful permanent residence before USCIS.

On February 2, 2023, we submitted our request to the ICE New York City Field Office.

On May 26, 2023, we received an approval email from ICE indicating that they agree to dismiss our Client’s case!

She cried when we shared the good news with her.

She now has a second chance to apply for her green card!  

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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