Immigration Court Proceedings DismissedPublished: Oct 27, 2008 Source: My Source
Our client is a citizen of St. Kitts and Nevis. She was inspected and admitted to the United States as a visitor, and then overstayed her status. She married a United States citizen, but no steps were taken to legalize her U.S. presence. She was encountered by the Border Patrol at an airport and Immigration Court proceedings were instituted against her to effectuate her removal from the United States. We were then retained.
We appeared with her in Immigration Court and obtained a continuance. We then prepared and submitted her husbandís Petition for Alien Relative to U.S. Citizenship and Immigration Services. After proof of filing had been received, we moved to terminate the Immigration Court proceeding so that we could prepare and file an Application for Adjustment of Status with U.S.C.I.S. on her behalf to obtain employment authorization, a social security number, and a driverís license during the pendency of the adjudication of her husbandís petition. Otherwise she would be required to wait until his petition was approved before she could file because USCIS does not have jurisdiction over an alienís application for adjustment of status during the pendency of Immigration Court proceedings, and an Immigration Court will not entertain such application until the husbandís petition is approved.
We submitted voluminous exhibits documenting the bona fides of the marriage in support of the motion. Our motion was not opposed by the Department of Homeland Security, and it was approved by the Immigration Judge, who terminated the proceeding instituted against her by the Border Patrol.