CASE: Termination of Removal Proceedings Based on Approved I-130 Petition
CLIENT: Indonesian
LOCATION: Cleveland, Ohio
Our client came to the U.S. on a valid B-2 visa from Indonesia in March 2003. He later filed for asylum but was denied by the Immigration Judge in May 2010. Our client subsequently filed a timely appeal with the Board of Immigration Appeals (BIA), but the BIA also dismissed the appeal on October 21, 2011. In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012. After we obtained the I-130 receipt notice, we filed a Motion to Reopen on January 10, 2012, within the 90-day deadline for filing Motions to Reopen with the BIA.
Eventually, the BIA granted our client’s Motion to Reopen on February 8, 2012, and remanded it to the Immigration Judge to allow our client to apply for adjustment of status (green card).
Our client’s I-130 interview was scheduled on July 23, 2012 at Cleveland USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his wife for the interview. Attorney Sarmiento also accompanied them for their interview. The I-130 petition was eventually approved the next day.
After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with a copy of the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings at our client’s Master Calendar hearing on November 7, 2012. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice. Now, he can file his I-485 adjustment of status application to USCIS for his green card.
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