The team at McBean Law is honored to share the heartbreaking and truly humbling story of our client from The Gambia who fled her home country in search of freedom in the United States.
Our client came to the U.S. in 2003 under a visitor’s visa. She was several months pregnant at the time of her entry. After arriving, she applied for asylum as a victim of mutilation. Unfortunately, USCIS did not approve her asylum application, and they referred her case to Immigration Court.
In 2013, our client got married to a U.S. Citizen and waited for the court’s decision on her asylum case with hesitant hope.
A devastating blow occurred in 2014 when the immigration judge denied her asylum case because it was filed after the one year deadline, but hope remained as she was granted Withholding of Removal. Withholding of Removal allows her to remain in the U.S. with lawful status and the ability to work. However, it does not lead to permanent residency, and she cannot travel outside of the U.S. while in this status. DHS appealed the court’s decision, but the appeal was unsuccessful.
Her problems persisted as her husband became severely abusive, further destabilizing her family’s life and adding onto her already mounting fear and anxiety. Our client filed a VAWA petition in 2017 as a victim of domestic violence. Thankfully, her I-360 VAWA petition was approved in 2020, setting her on the right path on her immigration journey.
Unfortunately, this victory did not lead to a green card because USCIS does not have jurisdiction over her adjustment of status application due to her removal case. She met with us about her complex history and her need to reopen and terminate her removal proceedings.
We submitted a prosecutorial discretion (PD) request based on the approved I-360 VAWA Petition, and awaited the decision. The chances of success were very low due to her immigration record and DHS’s earlier opposition to the court’s decision in her case.
However, in mid-March 2024, DHS accepted our joint motion to reopen and agreed to terminate our client’s proceeding! She may now finish her green card process with USCIS.
After so much pain and anguish, she was hopeful that there would be a light at the end of her immigration journey. Our team at McBean Law has and will continue to support her during every step moving forward, and we will not rest until she and her family finally can feel safe and secure within the United States. In cases as difficult as this, having experienced legal counsel is key to succeeding and taking back your freedom.
If you or someone you know needs help with an immigration case, click here to request a consultation with an attorney. Our team has successfully helped with VAWA cases in the past – in fact, one of our clients got a VAWA Win Through her Request For Evidence response just last year.
There is always hope! If you are interested in more success stories like these, please visit our website and subscribe to our weekly newsletter!
P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
