Did you know that it’s possible to be free from deportation when the government fails to properly explain their charges against an individual?
Here’s what happened to our client from Guyana…
He entered the United States in 2009 with an F-2 visa.
Later, he had an approved I-130 petition through his U.S. citizen spouse. But despite that approval, his path to lawful permanent residence became much more difficult after his adjustment of status application was denied when an I-601 waiver was not approved.
A waiver was required to address allegations about false filings submitted years ago by a fraudulent representative. Those past issues created major obstacles in his case and left him in a very difficult position.
Even so, our client remained committed to finding a way forward so he could continue building his life in the United States with his wife, infant child, and U.S. citizen teenage son.
He was later served with a Notice to Appear and placed into removal proceedings in Immigration Court in New York.
At that stage, McBean Law conducted a detailed review of his full immigration history and developed a strategy centered on defending him in court and creating a path for him to move forward with USCIS if the proceedings could be resolved.
The Immigration Judge issued a scheduling order requiring written pleadings, and our office timely prepared and submitted those pleadings in March 2026.
The court also required the Department of Homeland Security to submit evidence supporting removability within 60 days. DHS did not timely file the required evidence.
Because of that failure, our office promptly filed a motion asking the court to terminate the removal proceedings.
In April 2026, the immigration judge granted our motion and terminated the case!
With the removal proceedings terminated, he can now move forward with filing his second I-485 adjustment application and I-601 waiver with USCIS.
This case is another reminder that even when a matter seems weighed down by past filings, prior denials, and removal proceedings, thoughtful case analysis and strategic advocacy can help create a new path forward.
P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
