Facts: In early 2013, a citizen of El Salvador came to the firm seeking a solution to his immigration problems.
The Firm’s Representation: This case was one of the most difficult cases that the firm has ever handled because the initial outlook for the case was not good at all. In early 2013, our client and his U.S. citizen wife approached the firm to see what could be done. Our client had an in absentia removal order from 2005 from when he crossed the U.S. border and was placed in removal proceedings but failed to attend his immigration court hearing. In addition, our client had two DUI convictions. There was no way to reopen our client’s case through the immigration court. So, the firm petitioned Immigration and Customs Enforcement (ICE) to join a motion to reopen. Concurrently, the firm submitted a family based I-130 petition to USCIS. The firm knew that reopening with ICE would be dicey with the DUI convictions. In addition, at that time ICE had a stated policy that it would not join motions to reopen so that non-citizens could pursue the Provisional Unlawful Presence Waiver. The firm filed the joint motion request in May of 2013. The request was denied in December 2013. The firm persisted with ICE and asked for a re-examination of the request in January 2014. Several weeks later, ICE detained our client in order to physically deport him. The firm worked fast and filed a stay of removal with ICE which was granted several days later. Fortunately, in August 2014, ICE agreed to reopen and terminate our client’s removal order. Once the removal order was terminated and the I-130 petition was granted, the firm filed an I-601A waiver for our client, which was granted on April 1, 2015. Then, the firm then processed our client’s immigrant visa at the U.S. Embassy in San Salvador, El Salvador.
Outcome: On January 28, 2016, three years after the firm started the representation, our client entered the United States with his immigrant visa.