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

BIA grants client adjustment of status to become permanent resident

Published: Feb 19, 2007 By: Eric W. Schultz Source: My Source

A Cameroonian citizen who has been married to a US citizen since 2000 was finally granted his “green card” following 6 years of litigation efforts by Eric W. Schultz, Esq. 

At the initial trial, an Immigration Judge denied the client’s application for a green card despite the Government lawyer’s agreement that the client deserved a favorable exercise of discretion.  The Board of Immigration Appeals dismissed the administrative appeal despite no statement of opposition to the client’s case from the Government.

As a result, judicial review was required in the Federal Courts, first by filing a petition for writ of habeas corpus to stop the client’s arrest and potentially imminent deportation, and then before the U.S. Court of Appeals for the Second Circuit.  In preliminary negotiations with the U.S. Government before the case was actually argued in front of the Second Circuit, Mr. Schultz secured a negotiated stipulation with the Government as to the client’s eligibility for a green card, and the Government joined in the remanded appeal to the BIA to ask the BIA to grant the client adjustment of status. 

The BIA acknowledged the jointly filed argument on appeal and granted the client his permanent resident status, more than 5 years after it was initially denied to him.  The client will be eligible to apply for U.S. citizenship in as soon as three years.

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