CASE: I-485 Adjustment of Status / I-360 Special Immigrant Juvenile Status Petition
CLIENT: Guatemalan
LOCATION: Cleveland, OH
Our client came to the United States in September 2012 from Guatemala. He came to the United States without inspection and admission and was caught at the border. After that the DHS released him, but he was placed in removal proceedings. He came to Cleveland, OH to be reunited with his older brother who resides in the Cleveland area.
He retained our office in April 2013 for representation at his deportation proceedings. On June 4, 2013, our client appeared at the Cleveland Immigration Court for his master calendar hearing. Attorney Yu from our office represented him, did pleadings and sought asylum relief. After the hearing, our office also sought other options for our client since he was a minor.
Section 203(b)(4) of the INA allocates a percentage of immigrant visas to individuals considered “special immigrants” under section 101(a)(27) of the INA, including those aliens classified as special immigrant juveniles under Section 101(a)(27)(J). “Special Immigrant Juvenile” includes only those juveniles deemed eligible for long-term foster care based on abuse, neglect, or abandonment. To be eligible as a SIJ, the DHS’ express consent to the juvenile court’s dependency order is required. Then, the approved SIJ petition (Form I-360) makes a minor petitioner immediately eligible to adjust status by filing an adjustment of status application.
Our client was 17 years old when he contacted our office. In fact, our client was not supported by his parents and had to work in farms to support himself since he was 8 years old in Guatemala. Our client’s sister-in-law, who is a U.S. citizen and lives with our client, would like to be a legal guardian of our client. With our help, she filed a complaint for him to be deemed a neglected child to Cuyahoga County Juvenile Court on October 10, 2013.
The Juvenile court hearing was scheduled on November 26, 2013. Attorney JP Sarmiento represented our client and his sister-in-law at the hearing. Eventually, on the same day, the court found that our client is neglected and dependent and our client’s sister-in-law was appointed legal guardian.
After that, our office filed an I-360 application on December 2, 2013 to the USCIS. The application was supported by a court order declaring dependency by the juvenile court, court order deeming the juvenile eligible for long-term foster care due to abuse, neglect, or abandonment, determination from the juvenile court that it is in our client’s interest not to be returned to Guatemala, and his birth certificate.
Our client appeared for his I-360 interview on January 10, 2014 at the Cleveland USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. However, after the interview, the USCIS issued the Notice of Intent to Deny. Specifically, the USCIS alleged that the juvenile court’s order was not sufficient enough to adjudicate his I-360 petition because the juvenile court did not expressly declare that it is in our client’s interest not to be returned to Guatemala.
After the issuance of the NOID, our office contacted the juvenile court and sought for possible amendment of the judge’s decision. In response to our request, the juvenile court issued an amended decision and held that the sentence regarding the child’s best interests was omitted. The court found that it is not in the best interests of our client to be returned to Guatemala. Our office filed the response to the NOID on February 3, 2014 along with juvenile court’s new decision. Nevertheless, the USCIS approved our client’s I-360 petition on February 19, 2014.
Once his I-360 petition was approved, our office prepared and filed a request to join in a Motion to Terminate to USICE-DHS in Cleveland Office in April 2014. The DHS agreed with our motion, and on December 17, 2014, the Immigration Judge granted our Joint Motion to Terminate proceedings.
After his removal proceedings were terminated, our firm prepared and filed an I-485 adjustment of status application on March 3, 2015. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients through conference calls. On April 27, 2015, our client was interviewed at the Cleveland USCIS Field Office. The interview went well, and on April 28, 2015, the USCIS approved our client’s adjustment of status application. Now, our client is a green card holder.