Deportation Prevented: Client May Return to the United StatesPublished: Aug 13, 2008 By: Robert D. Kolken Source: My Source
Our South African client married a United States citizen, who filed for a “green card” for him. Unfortunately, the marriage did not work out and they divorced. U.S. Citizenship and Immigration Services then denied his application and issued a charging document instituting Immigration Court proceedings against him. He returned to South Africa before the charging document was served.
The Department of Homeland Security started Immigration Court proceedings anyway notwithstanding his lack of notice. After we were retained, we provided documentation of his leaving the United States to the DHS Chief Counsel handling the matter and persuaded her to request a termination of the proceeding on the ground it was improvidently begun because of his departure.
The Immigration Judge granted the motion to terminate the proceeding. Our client may now apply for admission to the United States, which legally cannot be denied as a result of the institution of the Immigration Court proceeding.