Our client entered the United States in November 2015, through the San Ysidro border without being admitted or paroled.
Upon entry, he requested asylum and underwent a credible fear interview, leading to his release on an Order of Supervision.
Despite his efforts, our client withdrew his asylum application, and the Immigration Court ordered him removed in June 2016.
From March 2017 onward, our client complied diligently with ICE reporting requirements, attending his annual supervision check-ins every June.
He continued to live his life in the United States, eventually settling in North Dakota.
Our client’s life began to change for the better in May 2021 when he married his U.S. citizen spouse.
This new relationship provided an opportunity to pursue a family-based pathway to legal status.
In July 2021, his spouse filed an I-130 Petition for Alien Relative on his behalf, which was successfully approved in November 2023.
However, the approval of the I-130 was just the beginning of a long and complex journey.
In December 2023, USCIS denied the client’s I-485, Application to Adjust Status, citing his lack of evidence for being “inspected and admitted” or “inspected and paroled” into the U.S.
At his USCIS interview in November 2022, our client had provided testimony about his entry through the border and his subsequent release on an Order of Supervision.
Unfortunately, this release did not meet the criteria for parole, rendering him ineligible to adjust status in the United States.
Despite providing additional supporting evidence, including his birth certificate, tax records, and testimony, USCIS maintained their decision, leaving him ineligible to adjust status domestically.
This denial was a significant setback, but it did not mark the end of his case.
In December 2023, the client turned to our firm for expert legal guidance.
After a thorough review of his case, we determined that the best course of action was to pursue consular processing and prepare for the provisional waiver process.
We began by filing Form I-824, Application for Action on an Approved Petition, in February 2024.
This step ensured the approved I-130 petition could be forwarded to the National Visa Center for consular processing.
Our firm also recognized the importance of halting the removal proceedings against our client to ensure his pathway to legal status was not jeopardized.
In July 2024, we filed a Prosecutorial Discretion (PD) request, seeking a motion to reopen and dismiss his removal proceedings.
Our PD request was comprehensive, including evidence that highlighted our client’s eligibility, his good moral character, and the significant hardships his removal would cause to his U.S. citizen spouse.
In November 2024, DHS/ICE agreed to support our motion, and the Immigration Court granted the motion to dismiss our client’s removal proceedings.
This decision was a significant turning point in his case, clearing the way for him to proceed with his immigration process without the constant threat of deportation.
With removal proceedings dismissed, our client can now file the I-601A Provisional Unlawful Presence Waiver.
This waiver will address his inadmissibility for unlawful presence and allow him to complete the consular process at a U.S. embassy abroad.
While the journey is not yet over, our client is now in a much stronger position to achieve lawful permanent residency and continue building a life with his spouse in the United States.
This case highlights the critical role of experienced immigration attorneys in navigating complex legal challenges.
From addressing the denial of adjustment of status to pursuing prosecutorial discretion and consular processing, our firm provided a clear strategy tailored to our client’s unique circumstances.
At our firm, we believe that every immigration case deserves careful attention, strategic planning, and unwavering advocacy.
If you or someone you know needs help with an immigration case, click here to request a consultation with an attorney.
P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
