Client was married to a U.S. citizen but had previously been deported after having made a false claim to U.S. citizenship, which results in automatic inability to obtain green card. I was able to argue a narrow exception in law to demonstrate that client's statement at the border that she was a U.S. citizen did not legally constitute a false claim to citizenship. This is because there is a narrow exception if you can demonstrate an immediate retraction of the false claim. We were able to demonstrate that this narrow exception applied in our case and the Judge approved the wife's waiver application based on extreme hardship to the U.S. citizen husband and approved her to receive her green card.
Fraud waiver approved in removal proceedings
After 5 year fight, client granted new green card
Client had lied about his marital status when immigrating to the United States from Vietnam. Immigration later discovered this lie and put him into removal proceedings to take away his green card. We implored various strategies over the next 5 years to save him from deportation. First we got his mother her citizenship, but she did not speak English so we had to demonstrate her disbability and got the case approved. Immigration initially agreed to close the case to allow Mom's family based petition for her son to wait for a visa to become available. Later the government reversed its decision and moved to deport him again. We were able to find an old family petition filed by his U.S. citizen sister 15 years earlier that had a visa available and were able to re-adjust his status with a fraud waiver. The Immigration Judge granted the waiver based on extreme hardship to client's mother due to her disabilities.
Client was US citizen but never knew it
May 04, 2009
Obtained client's U.S. Citizenship Certificate
Client was from Mexico and had entered the United States illegally many years ago. Her father was a U.S. citizen, former military veteran, who had lived in the U.S. his entire life. Her mother was from Mexico but lived in the US with him with a green card. Client's father died while her mother was pregnant with her. Her mother returned to Mexico where she was born and lived for many years. Client later came to the U.S. illegally and wanted to legalize her status. Upon reviewing her case we were able to determine that she had in fact acquired US citizenship automatically upon her birth. However we had to prove that her father had lived in the U.S. for at least 5 years before her birth. Since he died in the 1970s, this was difficult. We were able to obtain military records, birth records of siblings and many other forms of documentation. However, after submitting the U.S. citizenship application with USCIS, they still requested more proof. Although his old employment records had been destroyed, we were able to find some old supervisors and obtain sworn declarations from them. The application was finally approved and after living 30 years she was finally able to obtain proof that she was a U.S. citizen.