Chinese Falun Gong practitioner given Asylum in complex case

Asylum story before coming to Margaret W. Wong & Associates

Our client was a native of China and followed the spiritual practice of Falun Gong, where believers use meditation and philosophical teachings in an attempt to gain spiritual enlightenment. However, many Falun Gong practitioners face persecution from the Communist Chinese Government. She and her father had come to the United States when she was very young and sought asylum on a single application. She had entered the country using fraudulent documents, however. When our client hired Margaret Wong & Associates, she had a final order of removal. Her case had been consolidated with her father’s case and her asylum application was denied. Given all of this, her situation looked bleak.

Margaret W. Wong & Associates wins her case

Undeterred, Margaret W. Wong & Associates took up her case.  After speaking with her, we learned that she started practicing Falun Gong after her asylum case had been denied. We filed a motion to reopen arguing that country conditions had changed with respect to Falun Gong practitioners in China since the time of her asylum hearing. The Board of Immigration Appeals disagreed and denied the motion. We appealed to the 11th Circuit Court of Appeals and the 11th Circuit agreed and found that the case must be reopened. Ultimately the case was once again brought before the Immigration Court.

At the time that she hired our firm, she was married to a lawful permanent resident; after the case was sent back by the 11th Circuit, our client’s husband became a United States citizen. We also filed an I-130 and adjustment of status application concurrently with USCIS. At her I-130 interview, we were able to successfully argue in favor of our client, even though she had entered with false documents. Eventually, USCIS granted her adjustment of status. We were then able to get her removal proceedings terminated.

This case shows the importance of pursuing multiple ways of obtaining permanent resident status at the same time. Attorney Scott Bratton handled the case. This was a complex case where we were able to use our experience and knowledge to help our client realize her dream of remaining in the United States with her husband. 

Read more of our Asylum Success Stories!