Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Deportation Terminated, Client Applying for Green Card

Published: Apr 11, 2008 By: Matthew L. Kolken Source: My Source

After three years of contested litigation we were able to obtain the termination of immigration Court proceedings for our client, a citizen of Iran. Our client was in the United States and lawfully employed in a qualifying H-1B specialty occupation. Due to an oversight he failed to register under the now suspended NSEERS Registration Program which applied only to certain non-immigrant aliens.

Immigration Court proceedings were instituted against him as a result, and despite the fact that he maintained lawful H-1B status his employer, fearing repercussions from the Department of Homeland Security, terminated his employment. We were able to successfully negotiate with the Government to drop the charge of deportability stemming from his failure to register for NSEERS, but unfortunately because he was no longer employed he failed to maintain lawful H-1B status.

Our client fears that if he returns to Iran the Iranian government will torture and kill him as a suspected spy of the United States government. We filed an asylum application with the Court, which named his wife and children as beneficiaries.

While we were waiting for the trial of his case, his wife became eligible to apply for a Green Card through a petition that was filed by her United States citizen father. Our client is able to apply for a Green Card as well as a derivative dependent to his wife’s application. We filed a motion to terminate Immigration Court proceedings to allow our client to apply for his Green Card with his wife and children. This motion was approved and our client is now on the way to becoming a lawful permanent resident of the United States.

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