CASE: I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Kenyan
LOCATION: Chicago, IL (EOIR) / Durham, NC (USCIS)
Our client is from Kenya who came to the U.S. on a F-1 Student’s Visa in August 2007. While she was studying in the United States, she failed to maintain her F-1 status due to her family’s issues in Kenya. Because of her overstay, she was placed in removal proceedings in Chicago, IL.
Our client married her Lawful Permanent Resident (LPR) husband in September 2010 in Wisconsin. Soon after, they moved to the Raleigh, NC area. Her husband filed an I-130 petition on behalf of her after they got married. Eventually, our client’s I-130 petition was approved in February 2012 after their I-130 interview at the USCIS Durham Field Office. Our office represented our client since 2011 for her removal proceeding representations and I-130 interviews. Her individual hearing was scheduled on August 13, 2013 at the Chicago Immigration Court as well.
In June 2013, our office filed a written request to administratively close our client’s removal proceedings to the DHS Chicago Office. In a written brief, our office fully explained that our client’s case is not DHS’s priority for deportation and explained that our client has an I-130 approval, no criminal records, has paid taxes, and has family ties in the United States. Along with the written brief, our office attached an I-485 application and its supporting documents as well.
After review, the DHS counsel in Chicago was willing to terminate our client’s removal proceedings. The DHS counsel filed a Motion to Terminate on August 2, 2013 to the Chicago Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on August 12, 2013.
In 2015, her husband filed a naturalization application and became a U.S. citizen. On April 1, 2015, our client retained our office again for her I-485 adjustment of status application. Our firm prepared and filed the I-485 Adjustment of Status Application on May 11, 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 clients via conference calls. On August 6, 2015, our client was interviewed at the Durham, North Carolina USCIS office. The interview went well, and on the same day, her green card application was approved.