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

Deportation Proceedings Terminated

Published: Jul 12, 2011 8:15 am

Our client is a citizen of the Philippines. She was lawfully admitted to the United States in H1B status as a professional. Her employer timely filed a petition requesting an extension of her status. Before the extension petition was adjudicated, and after the original status had expired, the client was arrested by the Border Patrol and Immigration Court proceedings were instituted against her requesting that she be deported from the United States. At this point we were retained.

We filed a motion to waive her appearance so that she did not have to travel several hundred miles to the Court, which motion was granted. We then appeared in Immigration Court on her behalf.

In Court we filed a written motion to terminate the proceedings on the basis that the immigration regulations, which are binding upon the Department of Homeland Security, provide that a timely application for an extension of stay authorizes a person to continue employment with the same employer until the application is adjudicated for a period up to 240 days, and as a result, our client was not deportable because her period of stay had been extended as authorized by law.  The attorneys for the Department of Homeland Security concurred with our position.

The employer’s extension petition was ultimately granted, and the Immigration Judge granted our motion and terminated the Immigration Court proceedings. The client remains gainfully employed, is paying taxes, and is contributing to the U.S. economy.

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