CASE: Adjustment of Status (I-485) / Joint Motion to Reopen and Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Moldovan
LOCATION: Philadelphia, PA; Baltimore, MD (DHS)
Our client is from Moldova who came to the U.S. on a J-1 visa in June 2009. She remained in the United States past her authorized period of stay. Later, she filed for asylum and withholding of removal in December 2009, but the Immigration Judge at the Baltimore Immigration Court denied all applications for relief.
She filed an appeal with the BIA, but in 2012, the Board affirmed the Immigration Judge’s findings and dismissed the appeal. She then proceeded to appeal her case at the Federal Circuit Court, but was denied.
Our client remained in the United States despite the final order of removal.
She married her current U.S. citizen husband in February 2014. After she married her husband, they consulted with our firm. They wanted to know if she had any viable options for her immigration status.
After careful review, our office determined that we can file a Request to the DHS to join in a Motion to Reopen based on the I-130 approval (if the I-130 petition is approved) and Bo Cooper’s May 17, 2001 Memorandum. After consultation, our client retained our office.
Once retained, our office prepared and filed the I-130 petition. The I-130 petition was filed on July 3, 2014. Her I-130 petition was scheduled for an interview, and they appeared at the USCIS Philadelphia USCIS Field Office on February 12, 2015. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. This was suggested (attorney accompaniment) because she had a final order of removal. The interview went well and the I-130 petition was subsequently approved by the USCIS on February 18. 2015.
Once the I-130 petition was approved, our office prepared and filed a Request to Join in a Motion to Reopen and Terminate to the Baltimore DHS office on March 19, 2015. Our office prepared an extensive brief along with multiple supporting documents to request a favorable exercise of DHS’s discretion on this case.
We argued that DHS should consider the following factors as set forth in Bo Cooper’s May 17, 2001 Memorandum: (1) whether adjustment of status was available at the prior hearing; (2) whether the alien is statutorily eligible for adjustment of status; and (3) whether the alien merits a favorable exercise of discretion. Bo Cooper, Motions to Reopen for Consideration of Adjustment of Status (May 17, 2001). In considering these factors, as delineated in William J. Howard’s October 24, 2005, Memorandum, “Where a motion to reopen for adjustment of status… is filed on behalf of an alien with substantial equities, no serious criminal or immigration violations, and who is legally eligible to be granted relief except that the motion is beyond the 90-day limitation contained in 8 C.F.R. § 1003.23, strongly consider exercising prosecutorial discretion and join in this motion to reopen to permit the alien to pursue such relief to the immigration court.” William J. Howard, Prosecutorial Discretion (October 24, 2005).
Our office argued that if our client’s case is reopened, she will be prima facie eligible to adjust her status. Our client has been living in the United States since 2009, has no criminal record, and has an approved I-130 petition based on the marriage to U.S citizen spouse.
Eventually, the DHS office agreed to join in our Motion to Reopen and Terminate on June 1, 2015. The DHS filed the joint motion to the Board of Immigration Appeals (BIA), and the BIA issued a decision on July 30, 2015 and reopened and terminated our client’s case.
After her case was terminated, she retained our office again for her I-485 adjustment of status application. Our firm prepared and filed the Adjustment of Status Application and the Employment Authorization Document on August 28, 2015. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.
Prior to the interview, we thoroughly prepared our client via conference call. On December 10, 2015, our client was interviewed at the Philadelphia, PA USCIS. The interview went well, and on the same day, her green card application was approved.