CASE: Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition
CLIENT: Ghanaian
LOCATION: Phoenix, AZ
Our client is a Ghanaian citizen who came to the U.S. on a B-2 Visitor Visa in 2004. Our client overstayed and worked illegally after, and was thus placed in removal proceedings. He missed Court, and he had a final order of removal in absentia at the Arlington Immigration Court, but his case was reopened after our office’s successful Motion to Reopen in April 2012.
Our client and his wife married in August 2007 in Arizona. They had two U.S. citizen children. Prior to filing the Motion to Reopen, our office filed an I-130 petition based on our client’s marriage to his U.S. citizen wife. The I-130 petition was filed on March 5, 2012.
Generally, if someone is a beneficiary of an I-130 petition while he or she is in removal proceedings, the USCIS schedules what’s called a Stokes interview, in which both husband and wife are interviewed separately for intensive questioning. This is to make sure the marriage is in good faith, and not entered into for the purpose of avoiding deportation.
The I-130 petition we filed though included various supporting documents which demonstrated the bona fide nature of our client’s marriage. We also emphasized the fact that they have been married for 5 years and have two U.S. citizen children. As a result, the USCIS approved the I-130 petition for our client without requesting an interview at the local office. The I-130 was actually approved the day before his scheduled Master Hearing in Phoenix, AZ.
After the I-130 was approved, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Phoenix Immigration Court. The DHS counsel in Phoenix did not oppose the Motion to Terminate. Ultimately, the Immigration Judge granted the Motion to Terminate without prejudice on October 9, 2012. Our client is not in removal proceedings anymore. Now, he can file his I-485 adjustment of status application to the USCIS to obtain his green card.
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