Our client from Kenya came to us after living with a removal order for nearly 30 years.
He had been ordered removed in-absentia in 1997 because he never received notice of his hearing due to an incorrect address.
For many years, he did not even know the order existed. It was only after he was arrested by ICE that he learned he had already been ordered deported.
He came to the United States in 1995 on an H-3 trainee visa. Since then, he has built a life here. He married a U.S. citizen, became a father of five, and did his best to move forward.
He also had an approved I-130 petition filed by his wife in 2014. However, his immigration situation remained unresolved.
Before coming to our firm, his case had already been denied, and a prior motion to reopen had also been unsuccessful. He was living under an ICE order of supervision.
When he retained our firm, we knew this would not be a quick fix. We started with a full case assessment and created a long-term strategy.
One of the first key steps was filing a request for prosecutorial discretion, asking for a joint motion to reopen and dismiss his case.
Over the next three years, we continued to advocate for him, going back and forth with DHS and pushing forward despite slow progress.
In 2024, after years of persistence, DHS agreed to join the motion to reopen and terminate his removal proceedings. This was a major turning point after many setbacks.
Once his removal proceedings were terminated, we prepared and filed his adjustment of status application along with I-601 waiver with USCIS.
He needed a waiver for misrepresentation related to a previous visa application and H-3 visa extension. This included detailed declarations, medical records, financial documents, and strong evidence of his family ties and the hardship his family would face without him.
During his adjustment of status interview in October 2025, he was unexpectedly and unjustly detained by ICE.
Once again, his future was uncertain. We acted quickly by filing a motion for bond and appearing at his hearing via WebEx.
Bond was granted at $1,500, and the government waived appeal, allowing him to return home while his case continued. We continued to represent him in immigration court, presenting his adjustment of status and I-601 waiver at his Individual hearing in March 2026.
After decades of uncertainty, the result was finally achieved! The judge approved his I-485 adjustment of status, his I-601 waiver was granted, and the government again waived appeal!!
After more than 30 years of uncertainty, including a removal order, prior denials, and even detention, our client is now a lawful permanent resident of the United States.
This case shows that even in the most difficult situations—an in absentia order, prior denials, and ICE detention—there can still be a path forward with the right strategy and advocacy.
Call us at (914) 898-9488 to schedule a private consultation.
P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
