After 29 years in the United States, our client from Kenya wept long and hard when we shared the good news with him that the government has agreed to help him obtain a green card.
Our client entered the U.S. in September 1995 from Kenya as a non-immigrant trainee with H-3 status, and was authorized to work at a church. However, ICE found out that the client was unlawfully working at a restaurant, and they decided to investigate him due to a fraudulent I-129, Petition for a Nonimmigrant Worker. ICE served him with an Order to Show Cause for failing to comply with the conditions of his nonimmigrant status under which he was admitted to the U.S.
Unfortunately, a hearing notice was mailed to an incorrect address and he did not attend the hearing. Because he did not appear at his hearing, he was ordered removed in absentia (while not present at the hearing). Our client was later arrested by ICE in 2008 and learned that he had a removal order. He was placed under an Order of Supervision after his release from detention, which required him to report to ICE’s office each year. He filed a motion to reopen and rescind his removal order, but it was denied in another heartbreaking blow.
Our client’s luck started to turn around when he met his spouse in 2009. The couple tied the knot in 2012 and began their life together. They have 5 children together, including the wife’s first child before meeting the client. His wife petitioned for him in 2013, and it was approved in 2014, marking a positive event in his arduous immigration journey.
However, ICE classified him as a “fugitive” because he had stopped reporting to their office. The client came to our firm for help knowing that he faced an uphill battle due to his lengthy and complex immigration history.
We started with a detailed case assessment and then proceeded with a Prosecutorial Discretion (“PD”) request to ICE/DHS for a joint motion to reopen and dismiss his removal proceedings. We submitted the client’s PD case in September 2021. The Assistant Chief Counsel informed us of her concerns with the client’s case and requested a complete I-485 Adjustment of Status Application and I-601, Application for Waiver of Grounds of Inadmissibility. We supplemented our PD request by submitting the I-485 application, I-601 waiver, declarations from the client and his wife, bills, the wife’s clinical evaluation, letters of support, photographs, etc. Our client also shared his educational certificates and diplomas to show his achievements.
However, the Assistant Chief Counsel questioned whether he obtained his diplomas from a “diploma mill.” We provided a declaration from the client explaining the school’s application process, fees, courses taken, etc. The declaration also clarified that our client learned about the school’s shutdown and fraudulent operations after we inquired with him about whether it was indeed a “diploma mill.”
As time passed, a new Assistant Chief Counsel was assigned to the case, and he requested more documentation from our client. One of the key issues to address was the omission of our client’s previous spouse during the I-130 case that he filed before coming to our firm. We had to provide proof that his previous marriage was properly dissolved. We also submitted an updated I-601 waiver, updated tax records, etc.
Finally, after nearly 3 years of back and forth with ICE/DHS, they agreed to join our motion to reopen the old removal case in April 2024! Our client’s family and our legal team were dedicated to a positive outcome in this lengthy and complex case, and we could not be happier with the outcome!
Our team recently helped a Nigerian client overcome similar hardships with their removal proceedings.
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.
