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After 21 Years in the U.S., Haitian Client Overcomes Removal Order and Becomes a Green Card Holder
Our client’s experience shows how the right legal strategy—reopening and terminating removal proceedings, restoring USCIS jurisdiction, pursuing adjustment of status, and challenging an unlawful delay—can create a path forward even in long and complicated immigration matters.
Her Story
Our client came to the United States from Haiti in 2005 and built her life in Florida. She is married to a U.S. citizen, has four U.S. citizen children, and had an approved I-130 petition filed by her husband.
However, she faced a difficult immigration history. She was ordered removed in 2007. The Board of Immigration Appeals dismissed her appeal and denied her motion to reopen in 2009.
Although she was eligible to pursue permanent residence through her U.S. citizen husband, USCIS denied her adjustment of status application because her removal order remained in effect and USCIS lacked jurisdiction over her case. She previously hired another attorney to submit a prosecutorial-discretion request, but after waiting about one year, it appeared the request had never been filed.
How We Helped
We carefully reviewed her immigration history and FOIA records, explained the challenges presented by the prior removal order, and developed a strategy to reopen and terminate her removal proceedings.
In August 2024, we filed a prosecutorial discretion request for a joint motion to reopen and terminate her removal proceedings. The request was granted in September 2024, finally ending the jurisdictional barrier that had prevented her from adjusting status through her U.S. citizen husband.
With her removal proceedings terminated, we filed a new Form I-485 application for adjustment of status in June 2025. Her case then remained pending because the government paused processing for applicants from 39 countries, including Haiti.
To continue fighting for a decision, she also joined our firm’s 39-country group lawsuit.
The Outcome
Our client attended her adjustment of status interview on August 17, 2026, at the Royal Palm Beach Field Office in Florida.
Just one day later, on August 18, 2026, USCIS approved her I-485 based on her husband’s approved I-130 petition.
After nearly two decades of uncertainty, an old removal order, unsuccessful appeals, a prior adjustment denial, and a lawsuit on the government pause, our client from Haiti is now a lawful permanent resident of the United States.
Contact McBean Law for Immigration Relief
McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. With a focus on personalized support and a proven track record of success, our experienced team of immigration attorneys is here to help you achieve your dreams of a brighter future in the United States.
Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
