Deportation PreventedPublished: Jul 1, 2009 Source: My Source
Our client is a citizen of Poland. He entered the United States six years ago as a visitor and has remained ever since. Two years ago he married a United States citizen. The couple has two United States citizen children.
Unfortunately, the marriage got off to a rocky start, and his mother in-law notified the immigration authorities that he was here illegally. As a result, he was arrested and Immigration Court proceedings were instituted against him. At that point we were retained.
The first thing we did was to have reasonable bond set by an Immigration Judge so that our client could be released from custody. Next we determined that the marriage was still viable. We then had the United States citizen wife file an immigrant petition for our client. We convinced the Immigration Judge that the marriage was bona fide and moved to have the case taken off of the active Court calendar to give the Department of Homeland Security sufficient time to adjudicate the wife’s petition.
After her petition was approved, we moved to recalendar the case and requested termination of the proceeding so that the Department of Homeland Security would have jurisdiction over our client’s Application for Permanent Residence. We again appeared in Court on our client’s behalf, and the Immigration Judge granted our motion. The client is now applying for a green card without the threat of an Order of Removal hanging over his head.