On July 17, 2012, the Immigration Court mailed out an order granted by an Immigration Judge terminating the removal proceeding against one of our clients. The termination of the proceeding is a result of hard work and skill lawyering for a very unique case.
The case is rare and unique because our client entered the US in 2007 with a K-1 visa, but did not marry her K-1 petitioning fiancé until two years after entry into the US. The US immigration law requires that the alien K-1 beneficiary must marry with the K-1 petitioner within 90 days after entering the US.
A few precedent cases of BIA and the federal court allow aliens to adjust status if the marriage is entered within a short period after the 90-day period. However, no precedent case could be found comparable or applicable to our case. After a long fight with the USCIS, our client’s I-130 was approved, but the I-485 adjustment of status was denied by the USCIS. The case was therefore transferred to the Immigration Court.
While the Immigration Judge complimented the argument we presented in our brief, the Judge said that his/her hands were tied by the precedent cases. Nevertheless, eventually, Attorney Stewart Lin was able to reach to an agreement with the counsel for the government. As such, upon complying with the term of the agreement, the two sides filed an agreed motion to the court to terminate the removal proceeding against our client and thus ended a five-year painful saga of our client.
Attorneys at Lin & Valdez have represented hundreds of aliens in all kinds of proceedings in asylum office and immigration court. We represent clients in all immigration courts of Texas, and Louisiana. We also represent clients in immigration courts in Michigan, California, etc. Our attorneys have also represented clients in various levels of appeal and obtained tremendous success in the appeals. Please contact us immediately if you need representation in immigration court and in BIA or other appealing proceeding. As we have always said, the help you need is just a click away!