DACA approval saves young man from Hong Kong in removal proceedings

Family overstayed needs help

Mr. W came to the U.S. from Hong Kong when he was 9 years old. He and his family overstayed their visas. Mr. W’s other family members managed to gain green cards or citizenship, but unfortunately Mr. W could not. When he came to Margaret Wong and Associates back in 2009, he was already in removal proceedings. He retained us only to help his Lawful Permanent Resident parents and his U.S. citizen brother file I-130 Immigrant Petitions for him.

Tough case

While preparing the petitions, it became clear to us that things weren’t going well in Mr. W’s immigration court proceedings. We immediately ordered copies of his court records and took over his case. Our attorneys decided to file a “Non-LPR Cancellation of Removal.” It would be a tough case, but it was Mr. W’s best chance. At the moment, none of the I-130 petitions filed on his behalf had priority dates that would be current any time soon. Things went along slowly. Sometimes Mr. W became frustrated with the whole process. This was understandable. He could barely remember his few years of childhood outside the U.S. He had grown up here, gone to school here, and even graduated from college in the U.S.

Then, in 2012, DACA (Deferred Action for Childhood Arrivals) passed! Although Mr. W was currently older than 21, he had entered before 2007, and before he was 16 years old. Margaret Wong filed a DACA petition on Mr. W’s behalf, and armed with the new DACA eligibility asked the USDHS to use prosecutorial discretion and administratively close his removal. Now Mr. W is comfortable with his DACA status. His removal proceedings are closed. He has an EAD card that allows his to work and drive legally while he waits for one of his I-130 petitions to become current so that he can apply for his green card. It’s been tough for Mr. W, since he has been in the U.S. since he was a child, but with his DACA approval there is light at the end of the tunnel.

Read more of our DACA Success Stories!