Indian man with criminal past wins green card

In March 2011, we were retained by a client from India who wanted to obtain his Green Card as well as resolve his old criminal issues. He arrived in India in 2001 without documents and informed customs officials he was afraid to return to India. He passed a credible fear interview and was paroled into the United States as an arriving alien. Nevertheless, he was ordered removed from the United States in 2003. He ran into some problems and had two DUIs, which could affect his case. Since then, he cleaned himself up, went to AA, and did community service. He also married a United States Citizen and had two children.

In mid-March, we filed an I-130 Petition on behalf of his wife as well as I-485 Application to Adjust Status and I-765 Application for Work Authorization. Before interview, we filed a Motion to Reopen and a Motion to Stay Deportation so that our client would not be detained at his interview. His interview, attended by Attorney Scott Bratton, was in July and our client was placed on an Order of Supervision with ICE. The criminal history was no issue at the interview due to the ample documentation we provided showing he was a person of good moral character. A few days later, we received notice that his Motion to Reopen was denied by the Immigration Judge. Less than one month later we appealed the denial to the Board of Immigration Appeals. A brief was timely filed in early October.

In November, we received an RFE for the client’s Green Card application. This was responded to within two weeks. After numerous inquiries about the I-485 application, we received an approval notice in early February 2012. Our client is very happy to now have his 10 year Green Card and to be removed from his Order of Supervision. Our office is currently working on a Motion to Terminate Removal Proceedings as a last step. Attorney Scott Bratton handled the case.