With all the recent changes over the past year in U.S. immigration law, it is more important than ever that individuals with U.S. immigration concerns minimally consult with an experienced immigration attorney to ensure that they are properly aware of what their current immigration situation is.
With the issuance of the Prosecutorial Discretion Morton Memo, combined with the EOIR Memo released by Chief Immigration Judge Brian M. O’Leary on March 7, 2013, foreign nationals in removal proceedings who do not meet the agency’s civil enforcement priorities may be eligible to have their removal proceedings administratively closed or seek other avenues of discretion. With the Supreme Court's decision striking down DOMA, U.S. citizens/Lawful Permanent Residents in same-sex marriages can now apply for immigration benefits for their foreign national spouses. Earlier this year, many foreign nationals who were unable to adjust their status from with the U.S., despite being an immediate relative of a U.S. citizen, and who were leery of proceeding with consular processing were able to benefit from the implementation of the provisional hardship waiver (I-601A) process. Most recently, with hopes of Comprehensive Immigration Reform being passed, foreign nationals who may otherwise be unable to find a way to legitimize their status may be provided a path to documented status in the U.S.
In this ever changing field, it is essential that individuals seek qualified legal representation – if nothing else than to understand their current situation. An experienced attorney will not only be able to thoroughly analyze your case and explain your current legal situation and options, but will also be able to recommend any strategic options that may help you achieve your short-term and/or long-term goals.
In recent months, when we receieved a denial decision from the Immigration Judge on our Client's non-LPR Cancellation of Removal application, not only did we file an appellate brief, but we also successfully advocated to have the client's case administratively closed with the Board of Immigration Appeals (BIA) after filing a Joint Motion to Administrative Close with the BIA. When a client came to us after having been detained by ICE and placed into removal proceedings for having overstayed their visitor status, we successfully advocated for ICE to decline to move forward with removal proceedings because the client was in a serious relationship with a U.S. citizen, the couple had already been discussing marriage plans and the client was eligible to adjust their status under INA 245 with U.S. Citizenship & Immigration Services. For a current client, who was anticipating having to spend a significant amount of time overseas while their immigrant waiver was pending, we were able to have their removal proceedings administratively closed so that they could pursue a provisional hardship waiver with USCIS.
The above, and some of our success stories, highlight how our unique expertise has served our clients extraordinarily well.
If you would like to discuss your immigration concerns with SRW Border Lawyers, please contact us to schedule a consultation.