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

Deportation proceedings terminated, client released from custody to apply for Green Card

Published: Oct 4, 2010 4:00 pm By: Matthew L. Kolken

We just were able to obtain the termination of deportation proceedings to enable our client to apply for his Green Card.  Our client came to the United States with his mother as a young child under a visitor's visa.  He never departed the country.  After growing up in the United States he eventually met and married a United States citizen.  The couple had a child together, but never took the steps to file for lawful permanent residency (Green Card status).

Ultimately, our client was found in the United States and charged with deportation for overstaying his visitor status.  He was taken into custody, and was held at the Buffalo Federal Detention Facility, in Batavia, New York. 

To complicate matters, our client has a minor criminal conviction for assault.  We successfully argued that his conviction does not render him deportable from the United States, and that he is eligible to be released from custody while he fights to remain in the country.  We were also able to obtain a reduction in his immigration bond.  Unfortunately, our client was not able to post the $3,500.00 bond to be able to be released.

We immediately sprung into action.  We filed his wife's petition to sponsor our client for a Green Card, provided proof to the Immigration Court of the filing, and also filed a proposed Green Card application with proof of our client's eligibility to adjust status.  The Government's attorney assigned to the case did not oppose our motion to terminate proceedings, the Immigration Judge terminated proceedings, and our client was released from custody and is now back with his wife and child.

The next step is to finalize the Green Card application process, which once completed will put our client's immigration ordeal to a happy end.

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