|Filter by Category:
Withholding of Removal for Egyptian National
Our client is an Egyptian National. Unfortuantely, he experiences mental
health issues. A Mental Competency hearing was held before a Miami Immigration
Judge. After several hearings, and discussions with the Office of Chief
Counsel in Miami, all parties agreed that our client should be granted
Withholding of Removal which is an Order from the Imimgration Judge that
will prevent ICE from deporting our client to Egypt. Our client will be
able to remain in the United States legally and continue to receive treatment
for his mental health issues.
Withholding of Removal Granted
Adjustment of Status - Reason To Believe
Our client, a Jamaican National, was arrested four times in the past for
domestic violence and possession with intent to deliver a large amount
of marijuana. Ultimately, each case was dismissed but our client was denied
a green card by USCIS both on discretion and on “Reason to Believe”
he is a drug trafficker. “Reason to Believe” is a legal term
and this allows USCIS to deny a green card based on a reasonable belief
that the person is a drug trafficker even without a conviction.
At a removal proceedings hearing before a Miami Immigration Judge, our
client and his wife testified. Although it was a close call for the Immigration
Judge, he ultimately decided in our client’s favor. We showed that
he was a person of good moral character and his wife testified to how
important he is to the family.
Green Card Approved
Citizenship as Defense to Deportation
Our client, a Canadian National, entered the United States in 1997 as a
Lawful Permanent Resident (Green Card). Unfortunately, she was arrested
and convicted in 1998 of possession of cocaine. It was not until 2010,
when she traveled outside the United States and returned, that she was
flagged as an immigration violator for having been convicted of a drug
crime. Due to the timing of the conviction, there was no defense to deportation
other than proving that she was eligible for United States citizenship
and demonstrating that there are hardship and compelling factors in her
case to close her deportation proceedings to let her apply for citizenship.
The Miami Immigration Judge denied our initial request to allow her to
apply for citizenship. We appealed this decision to the Board of Immigration
Appeals and they decided in our client’s favor. Once sent back to
the Miami Immigration Judge, he reversed his own decision and found that
there were compelling circumstances to warrant closing her deportation
proceedings and allowing her to apply for citizenship.
Today, May 15, 2015, our client took the Oath of Citizenship and received
her Naturalization Certificate.
Adjustment of Status with Waiver of Inadmissibility
Our client, a Guyanese national who last entered U.S. in 1993 on a C1 crewmember
visa was convicted in 2000 in Broward Co. of Felony Battery (originally
charged as aggravated child abuse.) The alleged victim in this case was
his two month old daughter. Our client says he was coerced into giving
a confession about shaking her when she wouldn’t stop crying so
he pled guilty.
All the children were removed from their home by DCF and placed with sister
in Virginia. Client and wife only had visitation rights for two years.
While children (and child with injury) were in her care, sister took victim
child to specialized children’s hospital in D.C. where it was determined
that child was born with selective mutism and triple x chromosome which
can be the cause of learning disabilities which child has now.
Our client was able to file for adjustment with 212(h) waiver for his CIMT
due to an I-130 Petition that made him 245(i) eligible. His qualifying
relatives were his USC wife of 17 years and his 3 USC children.
We succesfully argued that the child's learning disabilities and other
issues were the result of a genetic disorder and not an alleged shaken
baby episode. Our client still needed the waiver of inadmissibility because
he plead guilty to the felony battery even though he knew he was innocent.
After a lengthy removal hearing, the Miami Immigration Judge granted adjustment
of status with a waiver.
Adjustment of Status with Waiver Granted.
Client in removal proceedings requesting political asylum from Guatemala.
Client was denied political asylum in Canada and denied before the Asylum
Office in Miami. We represented the client before the Immigration Court
in Miami and successfully defended his case and he was granted political
asylum. As a result, he does not have to return to Guatemala.
Political Asylum Granted.
Joint Motion to Reopen
Filed Joint Motion to Reopen on behalf of a Guatemalan National who had
been previously ordered removed from the United States by an Immigration
Judge in Miami Immigration Court in 1996. The client married a United
States citizen. Our Miami Immigration Lawyers filed a Joint Moition to
Reopen based on this marriage with the United States Immigration and Customs
Enforcement Prosecutors, who agreed to join our motion. The Joint Motion
was filed with the Board of Immigration Appeals and granted by them.
Motion to reopen granted
Client was convicted by plea in July 2005 of Purchase of a Controlled Substance.
In 2009, she was detained for deportation by United States Immigration
and Customs Enforcement. Her deportation from the United States was almost
certain due to conviction for an Aggravated Felony. After careful examination
of her conviction records revealed a defect, a Motion to Vacate the criminal
conviction was filed. The Motion to Vacate was granted and the deportation
was avoided. She will be able to remain a lawful resident and will most
likely attain United States citizenship in the future.
Deportation avoided; Lawful status retained.
Immigration Bond Hearing
Nicaraguan National who is a wife of a United States Citizen with a pending
I-130 and I-485 with USCIS. She was being detained at Glades County Correctional
due to a conviction for theft. Despite the conviction, we achieved an
immigration bond before the Immigration Judge at the Krome Processing
Service Center, also know as Krome Detention Center.
Immigration Bond Granted.
Cancellation of Removal
24 year old who entered the United States with his mother and sister when
he was 13 years old. He had applied for adjustment of status to lawful
permanent resident but was denied. His mother, a lawful permanent resident,
is terminally ill and is currently receiving hospital treatment. The client
was placed in removal proceedings and we submitted an application for
cancellation of removal for non-permanent residents based on extreme and
exceptionally unusual hardship to his mother if he were to be deported
from the United States. After a full hearing before an Immigration Judge,
an Order was entered granting permanent residency to our client. He will
now be able to remain in the United States to help care for his ailing
mother. The trial attorney from the Office of Chief Counsel did not reserve
appeal so this is a final order.
Cancellation of Removal Granted!
Cancellation of Removal
Client who has been a lawful permanent resident since 1989, with three
convictions dating back to 1991 - 2006. He was placed in removal proceedings
and we applied for Cancellation of Removal for Permanent Residents. After
a hearing on the application for relief, the Immigration Judge granted
the case and the client can remain in the United States as a lawful permanent resident.
Cancellation of Removal granted.