CASE: Adjustment of Status (I-485) / BIA Motion to Reopen and Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Peruvian
LOCATION: Cleveland, OH
Our client is from Peru who came to the U.S. on a B-2 visitor’s visa in July 2002 with his family. When he came to the United States, he was an only a minor.
Later, his father filed for asylum and withholding of removal, but the Immigration Judge in Cleveland denied all applications for relief in February 2010. Accordingly, our client’s asylum relief (our client was a derivate applicant of his father’s asylum application) was denied as well.
His father filed an appeal to the BIA, but in May 2012, the Board affirmed the Immigration Judge’s findings and dismissed the appeal. Unfortunately, our client’s father was deported soon after the BIA appeal was dismissed.
Our client remained in the United States despite the final order of removal. He was under order of supervision.
He married his current U.S. citizen wife in September 2012, and he inquired on whether he has any viable option for his immigration status. After careful review, our office determined that we can file a Request to Join in a Motion to Reopen based on the I-130 approval and Bo Cooper’s May 17, 2001 Memorandum. Our client retained our office on September 11, 2012.
Once retained, our client’s wife filed the I-130 petition for our client on September 18, 2012. Our office prepared and filed the petition. The I-130 interview was scheduled and prior to the interview, we thoroughly prepared our clients at our office. On March 5, 2013, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them as well. Eventually, on April 17, 2013, the I-130 petition was approved.
While the I-130 was pending, our office also filed a Request to Join in a Motion to Reopen and Terminate to the Cleveland DHS office on October 1, 2012. 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, he will be prima facie eligible to adjust his status. Our client has been living in the United States since 2002, has no criminal record, was a minor at the time of the entry to the U.S., and has an approved I-130 petition.
As a result, the DHS office agreed to join in our Motion to Reopen and Terminate. The DHS filed the joint motion to the BIA in September 2013. Finally, the BIA ordered our client’s case to be reopened and terminated our client’s case on November 26, 2013. Once his case was terminated he retained our office again for his I-485 adjustment of status application.
Our firm prepared and filed the Adjustment of Status Application and the Employment Authorization Document on February 24, 2014. 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 at our office. On June 24, 2014, our client was interviewed at the Cleveland, OH USCIS. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. On the same day, his green card application was approved.