McBean Immigration Law

Removal Case Reopened After 20 Years!

Another amazing story to share with you!

Our immigration system makes it incredibly difficult for someone like our client to obtain a Green Card — despite being married to a US citizen.

Here’s what happened…

He entered the US in 2003 from Haiti.

Because he was a minor at the time, he was added to his mother’s asylum case.

Unfortunately, her case was referred to Immigration Court, and a removal order was issued against both of them in 2005.

Over the years, the client tried to adjust his status, but nothing worked.

When Temporary Protected Status (TPS) became available for Haiti in 2010, he was granted TPS.

He later got married to a US citizen, and they had a child together.

His wife filed an I-130 petition for him, and it was approved.

Unfortunately, due to our strict immigration laws, our client was not eligible for a Green Card through an application to USCIS.

The only way to obtain a Green Card is by reopening his old removal case and dismissing those proceedings.

This is a difficult process.

On January 6, 2023, we submitted a Prosecutorial Discretion request to the Miami ICE Field Office.

We asked ICE to join our motion to reopen our client’s case and terminate proceedings against him.

On March 8, 2023, we got an email from the ICE attorney approving our request!

Thanks to the work of our smart immigration lawyers and paralegals, our client obtained the victory!

Once his removal case is terminated, USCIS will be free to make a decision on his adjustment of status application!

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


McBean Law, PLLC is a New York, Westchester-based immigration law firm that represents clients in the United States and across the globe.

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