Well into his removal case
He was placed in removal proceedings after he was denied admission to the United States for a felony aggravated assault conviction. He was mandatory detention and detained throughout his case. Since he was a permanent resident at the time, his lawyer from another immigration firm filed an application for cancellation of removal for lawful permanent residents. He had a hearing before an Immigration Judge and at the conclusion of the hearing, the Judge concluded that he obtained his Green Card improperly and concluded that he was not eligible for cancellation of removal (since he was never a permanent resident) or any other relief before the Court. He did give his lawyer the opportunity to try to obtain our client’s Green Card through filing an I-130 and I-485 with USCIS (he could adjust status through USCIS because he was an arriving alien). He also needed a waiver. The attorney filed the paperwork but never followed up, so the case went nowhere.
MWW took over the case
Our client then hired our firm to assist with the case. We pushed the I-485/I-130 and were able to get the medical exam done while he was in custody. We also put together the waiver application along with a detailed brief and supporting documents. We then were able to quickly get an interview with USCIS despite our client being detained. After a very long interview in which we set forth our argument for hardship and discretion (our client had a recent DUI and a prior assault conviction), USCIS granted the waiver and the application for adjustment of status. Our client was immediately released from custody. He was able to join his family just in time for the holidays and has resumed running the family business. Scott Bratton and Allison Chan handled the case.
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