Our team is very proud to share the story of a successful Prosecutorial Discretion case for our client who went through a heartbreaking journey over the past 35 years.
Our client entered the United States in 1989 on a B-2 visitor’s visa from the Philippines. She got married to her late U.S. citizen spouse, but, unfortunately, their marriage was not a happy one – her husband was extremely abusive, both physically and mentally. He also had a drug abuse problem and forced her to engage in criminal activities. She was later convicted of possessing controlled substances.
Years later, after giving birth to their child, she attempted to fix her immigration status by applying for Adjustment of Status through her abusive husband. In a heartbreaking turn of events, her case was denied, and she was issued a Notice to Appear in Immigration Court. Her situation only worsened after she was also charged with child neglect and ordered removed by the Immigration Judge. After getting a removal order, she was placed under ICE’s supervision.
These negative events were a wake-up call for our client, and she took the necessary steps to turn her life around. She made tremendous progress and regained custody of their child. She also successfully complied with ICE’s order of supervision for more than 10 years.
In 2009, she tried to reopen her removal case but her motion to reopen was denied. That same year, she filed a Violence Against Women Act (VAWA) petition in an attempt to continue her immigration fight. In 2011, she filed a second I-485, Application to Register Permanent Residence or Adjust Status, but it was administratively closed because USCIS did not have jurisdiction over the application. She also applied for an I-601, Application for Waiver of Grounds of Inadmissibility, to address her criminal history. Both her VAWA petition and the I-601 waiver were approved.
She then reached out to us because she desperately needed to reopen her removal case so that she may apply for her green card. Our team worked tirelessly to prepare a Prosecutorial Discretion Request (Joint Motion to Reopen and Dismiss Removal Proceedings) that was filed in September 2023. Just a few months later, in April 2024, ICE/DHS approved our request!
After decades of struggle and heartbreak upon heartbreak, she finally feels hopeful on her immigration journey, and USCIS will now have jurisdiction to make a decision on her green card application.
Read about how our team recently helped a Nigerian client with her Prosecutorial Discretion case after her I-751, Petition to Remove Conditions on Residence, was denied.
If you or someone you know needs help with an immigration case, click 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.
