Today I successfully acquired a green card for a client in Dallas who would typically have to be interviewed outside of the country for the green card. In 1998 the clients employer began the process for him to become a legal resident through an offer of employment. The employer later abandoned the process and my client started his own business. After a number of years, the client married a US citizen who applied for him to get legal status, but because he came to the US illegally, the law would typically require him to return to Mexico for the green card interview, and he would have to remain there for about a year waiting for a decision on his application. Imagine what this seperation would have done to his family and business.
I applied for him to be interviewed in the US, arguing that the 1998 application, though not completed, gave him the right to be interviewed in the US. The immigration service denied the application and referred him to the Immigration Court for deportation proceedings. Today the Immigration Judge ruled that CIS was wrong in their decision, and that the client did in fact qualify for the green card without having to leave the country. He granted the green card, and in 3 years he will be able to apply for naturalization as a US citizen.
Sometimes the immigration service makes wrong decisions and just bad decisions. You should never accept their decision at face value, and if you believe that you are in the right, you should fight your case for as long as it takes! This gentleman who came to the US illegally, as a penniless teen, now owns a million dollar business, employs dozens of US workers, is married to a wonderful woman and has beautiful kids. If he had simply accepted CIS's opinion that he had to leave for Mexico, all of this would have been jeopardized. The lesson is, get good legal advice and fight for your rights!