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

BIA grants motion to reopen to allow client chance at Green Card

Published: Mar 31, 2007 Source: My Source

The Board of Immigration Appeals granted a joint motion to reopen a removal order against a client to allow him an opportunity to apply for adjustment of status based on his marriage to a United States citizen. 

The client, from Pakistan , had overstayed his visitor status, and had originally missed his court appearance due to illness (gastroenteritis), leading to entry of an order of removal against him in his absence.  Despite submitting proof of the illness diagnosis from a doctor, an Immigration Judge denied the motion to reopen his case and the BIA affirmed the denial.


On review before the United States Court of Appeals for the Second Circuit, a sipulation was negotiated to reopen the

Immigration Court
proceeding based on the client’s marriage to a U.S. citizen, and by this action the client’s bar to eligibility for a green card  was eliminated due to the “in absentia” removal order.

The BIA granted the jointly filed motion within a month. The client will now have an opportunity to apply for his green card to live with his wife and 3 young children in the United States .



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