McBean Immigration Law

Prosecutorial Discretion (PD) Granted for Client from Nigeria After I-751 Denial

Today we share the story of our Nigerian client who entered the U.S. on a visitor visa, got a conditional green card, and suffered a heartbreaking denial for her 10-year green card before contacting us.

Our client entered the United States in July 2017 on a visitor visa. After entering the U.S., she and her U.S. Citizen husband tied the knot and filed for Adjustment of Status shortly thereafter.

Her conditional green card was granted in 2019, and the couple later filed a joint I-751 Petition to Remove Conditions on Residence before the 2-year green card expired. Unfortunately, the I-751 petition was denied.

USCIS found inconsistencies at the I-751 interview and determined that our client did not have enough evidence of a shared life with her husband. Unfortunately, USCIS subsequently placed our client in removal proceedings after denying her I-751 petition.

Her immigration journey became even more complicated after the couple divorced.

In September 2023, she sought legal assistance from our firm. We assessed her case and requested records from the government to make sure we did not leave any stone unturned. After our case assessment, our legal team decided that she would be able to pursue another I-751 Petition to Remove Conditions on Residence, based on extreme hardship. We filed the I-751 hardship waiver case on March 1, 2024.

Because our client was very eager to get out of the deportation proceedings, we also prepared a Prosecutorial Discretion (PD) request to DHS/ICE. We asked DHS/ICE to dismiss her removal case based on the filing of our I-751 hardship waiver. With her hearing coming up just days after our I-751 case was filed, our team worked tirelessly to quickly prepare the PD request based on her newly pending I-751 hardship petition.

This PD request was supplemented with relevant documentation, including IRS transcripts, W-2s, employment verification letter, FBI background check, letters of support, and volunteer verification letters.

On March 7, 2024, we submitted the PD request and DHS agreed to dismiss the very next day!

On March 11, 2024, our attorney appeared for the Master Calendar Hearing (MCH) and our client’s removal case was dismissed.

After 7 grueling years in the immigration process, exacerbated by the denial of her first I-751 petition, our client gets a second chance for her 10-year green card. We are full of hope as we wait for the decision on her 10-year green card petition!

If you or someone you know needs help with an immigration case, click here to submit an Appointment Request Form.

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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