McBean Immigration Law

Prosecutorial Discretion Granted for Client from Nigeria 

We are honored to share the inspiring success story of our client from Nigeria, which shows the importance of persistence, the right legal strategy, and good moral character.

Our client from Nigeria entered the U.S. on a visitor’s visa in February 2018.

His initial Adjustment of Status application, filed in 2019 based on an 

I-130 petition by his former U.S. citizen spouse, was denied due to abandonment after they failed to attend their interview.

The client asserts no fraud was involved, but the case processing resulted in ICE visiting his residence.

This visitation was a red flag that we investigated further through a FOIA request to clarify any misunderstandings or misrepresentations on his record.

In 2021, our client married his second U.S. citizen wife, who subsequently filed an I-130 petition on his behalf.

Unfortunately, as fate would have it, the relationship began to deteriorate, and they have now been separated for over a year, with divorce likely on the horizon.

Further complicating the matter, the client is still in removal proceedings, with no scheduled hearing date in Chicago.

Despite the mounting challenges, our client has steadfastly improved his life.

He is pursuing a master’s degree, funding his education out of pocket, and has a clean criminal record.

His dedication to education and his personal growth inspired us to pursue a Prosecutorial Discretion (PD) request to dismiss his removal proceedings.

The PD request emphasized his good moral character, including his educational achievements, tax compliance, and letters of support from the community.

In October 2023, our office submitted his PD request to ICE/DHS. 

The Assistant Chief Counsel saw the merit in our client’s case and agreed to a joint motion to dismiss proceedings.

We are thrilled to report that, as of October 2024, our client’s removal proceedings have been dismissed.

This outcome opens new doors for our client, giving him the opportunity to live his life and move forward without the looming threat of removal.

If you or someone you know needs help with an immigration caseclick 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.

About the Author

mcbeanlawfirm

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. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

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