Green Card to care for special needs child

Struggle in America

This married couple came to the United States from Ecuador in 1995. They crossed the border without inspection (illegally). They settled in New York for some time and started working to support themselves. Later, they had two children, both born as citizens of the USA. They came to our office seeking legal advice since they were in removal proceedings. Their case was especially touching because we soon discovered that their youngest son had multiple disabilities that required constant specialized care and therapy. The family actually had to pay a nurse and physical therapist to work with their son for several hours every day. He needed care at all times, and the medical expenses were very high. The parents never lost hope and worked hard to support the family and keep the child alive. We started an asylum case and also requested a work authorization, since they had been working illegally.

Working the Case

We worked with documentation that our clients brought to us regarding conditions in their country. However, we decided to move away from this asylum case. They were eligible for a ten-year cancellation of removal and there was enough evidence of the hardship their children would go through if they had to leave USA. It was especially important that they be here to care for their youngest child. Ecuador is a third-world country that does not have resources to help parents take care of their children in such an extreme situation. Even working as hard as in USA, the low incomes in Ecuador would not allow them to pay for the most basic medical expenses their child needed so badly. We worked constantly for this case. We filed for their cancellation and I-485 application for a Green Card. They went to fingerprinting appointments on several occasions. We also represented them in court.

Green Card in Court

When our attorney, Scott Bratton, appeared in court with them, he ensured that the Judge understood and would share our concern for the risk and extreme hardship that the little boy would go through if the family had to go back to Ecuador, where his life would be at risk. The Judge granted them Cancellation of Removal Proceedings and Adjustment of Status for both parents and now we are requesting Green Cards for them. These concerned parents will now be able to dedicate all their efforts to their children’s health and welfare.

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