Our client’s immigration journey from Burkina Faso to the United States has been nothing short of a rollercoaster. Battling political turmoil, loss, and legal complexities, his pursuit of a green card seemed like an uphill climb. However, a strategic legal move—Prosecutorial Discretion—has now opened doors that were once closed, paving the way for a green card.
Our client’s story began in 2015 when he applied for political asylum. The authenticity of his story, rooted in the loss of both parents and political persecution, was acknowledged during the asylum interview in 2017. However, he was later placed in removal proceedings, stalling his journey to permanent residence. During his legal battles, our client married a U.S. citizen in 2017.
The approval of the I-130 petition in July 2021 marked a significant step forward. His previous attorney filed an I-485 Adjustment of Status Application with USCIS, not realizing that since he was in removal proceedings, USCIS did not have jurisdiction over his I-485 application. USCIS administratively closed his I-485 application casting a shadow over his hopes of permanent residency in the United States.
Our legal team submitted a Prosecutorial Discretion request to ICE in August 2023. This strategic move, backed by compelling evidence of our client’s good moral character, triggered a swift response from the ICE Assistant Chief Counsel (ACC). In less than a week, the ACC accepted our request to join in the motion to dismiss the removal proceedings, breathing new life into our client’s pursuit of a green card.
With the impending dismissal of the removal proceedings, our client can now turn his gaze towards the USCIS for the Adjustment of Status process. Prosecutorial Discretion has not only spared him from the threat of deportation but has also presented an opportunity to reopen the green card case with USCIS.
As the chapter of removal proceedings ends, the next chapter—the one that leads to a green card and a future filled with promise—will soon unfold for our client.
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P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
