Removal Case Closed

April 19, 2022

When client had her first consultation with us in May 2021, she was searching for the best solution to her problem.

She was issued a Notice to Appear in Immigration Court.

She has been in the U.S. for 12 years and made attempts along the way to obtain lawful status.  After filing three failed I-360 petitions, USCIS placed her in removal proceedings.

However, she was able to obtain an I-130 approval through her parent.

When her priority date came up and a visa became available, her lawyer erroneously filed the I-601A unlawful presence waiver. 

Why was this a problem?

It was a problem because her lawyer was supposed to seek administrative closure of her removal case BEFORE filing the I-601A waiver. 

According to our rules, removal proceedings must be administratively closed before USCIS can adjudicate the I-601A provisional unlawful presence waiver.

In October 2021, she had a second consultation. We recommended that she seek Prosecutorial Discretion to close her removal case before USCIS makes a decision on her pending I-601A waiver.

In January 2022, we submitted our request to ICE that they join our motion for administrative closure.

In April 2022, ICE agreed and filed the joint motion with the court!

She still has a couple of important steps to take before getting her green card (i.e., waiver approvals and embassy interview), but this was a critical problem to overcome!

P.S. Success stories are based on real cases. However, each case is different, and past successes do not guarantee that all cases will have a similar result. Consult a licensed immigration lawyer to discuss your unique situation.

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