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

Deportation Order Reversed after Appeal to the Board of Immigration Appeals

Published: Jun 29, 2010 2:00 pm

Our client is a citizen of Jamaica. He is married to a United States citizen and he and his wife have one child who was born in the United States. He and his wife own and operate a small business.

He entered the United States in 2002 at the Virgin Islands as a visitor with a valid visa. Unfortunately, he overstayed and attempted to enter the United States mainland using a photo substituted driver’s license. Thereafter, Immigration Court proceedings were instituted against him.

He retained another lawyer to represent him before the Immigration Court. He then married and his wife filed a Petition for Alien Relative on his behalf, which was approved, and he applied for his green card before the Immigration Judge.

The Immigration Judge denied his application for adjustment of status on the basis that he was not statutorily eligible to apply because there was insufficient income in the affidavit of support filed on his behalf. The Immigration Judge then ordered him deported and denied his application for voluntary departure. At this point we were retained.

We filed a timely Notice of Appeal to the Board of Immigration Appeals which stayed his deportation. We prepared and submitted a legal brief on his behalf showing that the affidavit of support submitted indicated that the total household income was sufficient to meet the 125% of the Poverty Guidelines.

The Board of Immigration Appeals agreed with our interpretation of the Regulations, sustained the appeal, and remanded the case to the Immigration Judge for further proceedings consistent with their decision.

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