Motion to Reopen In Absentia Approval, Termination of Proceedings, Adjustment of Status through Marriage for Nigerian Client in New York

CASE: Motion to Reopen
CLIENT: Nigerian
COURT LOCATION: Baltimore, Maryland / New York, NY
RESIDENCE: Brooklyn, NY

Our client came to the United States with valid B-2 visitors visa in 2002, and later married his previous U.S. Citizen wife. He filed his green card application based on his previous marriage, but they separated prior to the interview so he never got notice of his interview, denial and the eventual notice to appear in Court.

Years later, our client married his second U.S. Citizen spouse, and he again filed for his green card application himself. Prior to retaining our firm, he went to his I-130 and adjustment of status interview only to find out that he had a final order many years ago. He did not know about it. So his case was denied. He was told by the officer that he had to reopen his case. We met our client at our New York office and he retained us on August 2010 for the Motion to Reopen.

If an alien does not go to his or her scheduled hearing with the Immigration Court, regardless of the reason, you will on that day have an in absentia order of removal. Once this is triggered, you are susceptible to being detained and subsequently deported by the Department of Homeland Security (DHS). Through a Motion to Reopen, the Immigration Judge can rescind the in absentia order of removal if you are able to show that you did not receive proper notice of the notice to appear. If the Notice to Appear was sent to the wrong address for example, then there’s a good basis for a Motion to Reopen.

On August 31, 2010, our office filed the Motion to Reopen with the Baltimore Immigration Court. Documentation of his address at the date of the final order, a detailed 4-page affidavit regarding his addresses and his circumstances around the final order date, documentation of the last address he provided to the immigration service prior to the final order date, and other supporting documents were submitted. The Department of Homeland Security did not file an opposition or response to our Motion. On November 8, 2010, our office called the Court to follow up and we were informed that the Motion was granted. Upon approval of the Motion to Reopen, we filed a Motion to Change of Venue as well. The Baltimore Immigration Court granted our Motion, and later our client’s venue was changed to New York, NY.

Attorney Sung Hee (Glen) Yu from our office accompanied our client at his Master Calendar hearing at the New York Immigration Court in March 2011, and he explained that an I-130 is pending and that a Stokes interview should be scheduled soon. On September 15, 2011,
Attorney JP Sarmiento accompanied our client and his U.S. Citizen wife for their I-130 Stokes interview. The interview went well, and the USCIS officer determined that our client’s marriage to his U.S. citizen wife was bona fide. On the same day, the I-130 petition was approved.

With the approved I-130 petition, we filed a request to join in a motion to terminate with the DHS. After review of our client’s application, the DHS agreed to join the motion. On October 22, 2011, the New York Immigration Court granted our Motion to Terminate, so our client’s removal proceedings were terminated. Thereafter, our client filed an I-485 Adjustment of Status application to the USCIS on October 25, 2011.

Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On February 13, 2012, our client was interviewed at the New York City, NY USCIS. We accompanied them at the interview as well. The interview went well, and our client’s green card application was approved on February 28, 2012.

After being in the U.S. for over 10 years and having a final order of removal for about nine years, our client finally has his permanent resident card.