Deportation Prevented: Green Card issued after Trial in St. LouisPublished: Sep 5, 2008 By: Robert D. Kolken Source: My Source
Our Indian client entered the United States in 1991 at the age of 11 with his mother. Unfortunately, the Department of Homeland Security has no record of his entry, only that of his mother. A few years later, Immigration Court proceedings were instituted against both of them. He and his mother both applied for asylum. The attorney representing them at that time lost the case after trial, and then filed a timely appeal with the Board of Immigration Appeals.
While the appeal was pending, on December 21, 2000, Congress passed the LIFE Act, which established the V visa for spouses and children of lawful permanent residents where a family based petition had been filed, where the petition was pending or approved and no visa number was available to take advantage of the petition.
At this point, the client hired our law firm. We investigated the past history of the case and made a motion to the Board to remand the case to the Immigration Court so that our client could take advantage of the LIFE Act. Because regulations implementing the Act had yet to be promulgated, the Board decided to administratively close the proceeding, which means it was taken off their active calendar. Thereafter, the client married a United States citizen, and the couple now has two beautiful United States citizen children.
We filed a Petition for Alien Relative for the wife, naming our client as beneficiary, and requesting a bona fide marriage exemption because our client had not lived outside the United States for two years after the institution of Immigration Court proceedings. The wife’s petition was approved after a personal interview held in St. Louis, which we attended. We then moved the Board of Immigration Appeals to restore the case to their active calendar and remand the case to the Immigration Court sitting in St. Louis so that an Immigration Judge could adjudicate the green card application.
The Board granted our motion and a trial was held to determine whether discretionary relief in the form of adjustment of status to lawful permanent resident should be granted. We represented our client at trial, presented testimony and documentary evidence, and after hearing all of the evidence presented, the Immigration Judge granted our client’s application. The attorney for the Department of Homeland Security waived its right to appeal, and our client is now a lawful permanent resident of the United States.