How does someone move forward after their asylum claim is denied and deportation looms—despite having lived in the U.S. for years, raising a family, and maintaining a clean record?
For our client, a native of Sri Lanka, the path forward began with a single decision: seeking legal help.
She first consulted with our firm in February 2023.
At that time, she was facing a difficult legal situation. Years earlier, she had entered the United States on a B-2 tourist visa. Like many others seeking safety and opportunity, she filed for asylum.
Unfortunately, her application was not approved by USCIS, and she was later placed in removal proceedings.
But her story didn’t end there.
Her U.S. citizen son had filed an I-130 family petition on her behalf, which had already been approved. With that approval in hand, and no criminal history, she had a potential pathway to stay in the country lawfully—but it would require strategic legal action.
After retaining our office, we got to work immediately. We submitted a FOIA request to retrieve her complete immigration record and completed a full case assessment by June 2023.
Her case showed compelling positive factors: long-term residence in the U.S., good moral character, and strong family and community ties. With that in mind, we submitted a Prosecutorial Discretion request to the DHS/ICE Office of the Principal Legal Advisor in New York in August 2023.
We asked ICE to join a Motion to Reopen and Dismiss her removal proceedings—a legal maneuver that, if granted, would allow her to remain in the U.S. and apply for a green card through her son.
Although the wait was long, it was worth it because ICE finally approved our request in November 2024!
In December 2024, the immigration judge also granted our joint motion.
With proceedings now officially terminated, our client is eligible to file a standalone Form I-485 for adjustment of status based on her approved I-130.
Her case stands as a powerful reminder that meaningful change is possible when determination meets the right support. Backed by the love of her family and the guidance of her committed legal team at McBean Law, she was able to navigate years of uncertainty and move toward a more secure and hopeful future in the United States.
Need help navigating removal proceedings or seeking prosecutorial discretion? Call us today at (914) 898-9488 or click here to schedule a consultation with one of our experienced immigration attorneys.
P.S. Every case is different. Prior results do not guarantee similar outcomes. Speak with a licensed immigration attorney about your specific situation.
