Prior Removal Order Reopened and Dismissed at New York Immigration Court for Ecuadorian National
We recently had a client’s removal order from approximately 25 years ago reopened and dismissed at the New York Immigration Court, rendering the client now eligible to adjust status to lawful permanent resident. Congratulations to our client!
Our client had been apprehended at the border and was ordered removed in absentia. He remained in the United States, and in 2015 was the victim of a crime which qualified him for a U visa. Since that time, we have worked together to obtain his U-1 status, derivative U status for his wife and his children (including a child who had remained in Ecuador, thereby reuniting them after almost 20 years). We also obtained a waiver for not appearing at removal proceedings and for other grounds of inadmissibility. He subsequently became eligible for adjustment of status based upon three years of U-1 status & we submitted a request to Immigration Customs Enforcement (ICE) to join in a request to reopen and dismiss proceedings so that he would be eligible for lawful permanent residence, which he wasn’t since he continued to have an outstanding removal order. ICE eventually agreed to join in the motion, and the Immigration Judge recently granted our joint motion to reopen and dismiss. He now no longer is subject to ICE enforcement as he does not have a removal order and the USCIS has jurisdiction to grant his application for a green card. The case has taken a long time, but with this important step, it is reaching its end to provide permanency for this family who has lived in the United States for nearly 25 years.
The U visa can waive most grounds of inadmissibility, including crossing the border and misrepresentation, and therefore can sometimes be the only remedy available. The U visa are for victims of certain crimes in the United States who have cooperated with law enforcement. If you think you might be eligible, don’t hesitate to reach out for a consultation at amir@rasoulpourlaw.com.