Client came to us in early 2024 terrified as they were scheduled for a master calendar hearing before the immigration court after they were held at the airport and questioned about previously working on their B2 visa. They were released from detention after explaining that they feared returning to their home country as they were escaping an abusive ex partner.
Attorney Hemans laid out a strong case strategy in which the client’s US citizen spouse would file an I-130 petition on her behalf and attempt to have the case terminated. After a thorough review of the client’s documents, Attorney Hemans noticed that using a rare section of the law and USCIS policy, it could be argued that USCIS could grant the client a green card outside of the court’s jurisdiction.
Our team worked diligently asking for prosecutorial discretion and termination of the court case based on this rule. The court would not budge. In fact, after the start of the new Administration, USCIS attempted to administratively close our client’s green card application and schedule only an I-130 interview instead. Still, Attorney Hemans refused to give up. She wrote a letter to USCIS reminding them that it was their duty to approve the case despite push back from the court as they had jurisdiction. USCIS reopened the green card case and approved our client for her green card!
Today, we received the order granting termination of the client’s immigration court case. They can now move on with their lives and live their American dream without fear!