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

Second Circuit approves negotiated stipulation to remand case

Published: Dec 13, 2006 Source: My Source
The U.S. Court of Appeals for the Second Circuit approved a stipulation with the U.S. Attorney, to remand a client’s Immigration Court proceeding for further review of the client’s eligibility for a green card in light of his marriage to a US citizen.  The client had previously held lawful permanent resident status on a conditional basis, but the Government denied his application to remove the conditional basis of his green card, alleging fraud.  On appeal we arued that the Government did not meet its burden of proving that the client had fraudulently obtained his green card.  While his case was pending, the client remarried, and a new Form I-130, immigrant Petition for Alien Relative was filed and approved on the client’s behalf by US Immigration.  Based on this approval, a settlement of the appeal was negotiated to protect all of the client’s arguments and rights, and to allow him a full review by an Immigration Court of his eligibility for a new green card.  The client may now not only present the legal arguments he had before, but can have a full adjudication of a new adjustment of status application.


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