The HMA Law Firm - Immigration & Criminal Defense Lawyers

Call: 703.964.0245

  • Home
  • Our Team
  • Practice
    • Immigration >
      • Employment-Based Immigration >
        • The H-1B Visa
        • Investor and Intracompany Transfers (E & L Visas)
        • PERM Labor Certification >
          • Cross Chargeability
          • EB-5 Green Cards
      • Marriage & Fiancé Visas >
        • Special Service for Servicemen
        • Marriage Interview Questions
        • The I-751 Good Faith Waiver
        • Evidence for Filing an I-751
        • My I-751 Was Denied: Now What?
        • Same-Sex Marriage Immigration Issues
        • New 90 Day Rule
      • General Immigration >
        • Filing a FOIA from USCIS
        • Form G-639: How to Complete
        • Re-Entry Permits
        • TPS >
          • More on TPS
          • SYRIA TPS
          • TPS Yemen
        • U Visas
      • Legal Victories
      • How To Choose The Right Immigration Lawyer
      • Waivers (I-601/I-601A) >
        • Drunk Driving (DUI/DWI) and I-601/I-601A Waivers
      • Citizenship >
        • N-648 Medical Waivers
        • Naturalization Pitfalls
        • The Civics Test for Naturalization
        • Exceptions for English Test
        • Criminal Convictions and Naturalization
      • Mandamus: It's Taking Too Long >
        • Mandamus: What to Think, What to Expect
        • How an Immigration Writ of Mandamus Works
        • Petition for Hearing on Naturalization
      • Deportation Defense >
        • Overview of Removal Proceedings
        • Deportation: Preventive Maintenance
      • Deferred Action (DACA) >
        • To Lawyer Or Not To Lawyer
        • Applying for a Social Security Number
    • Criminal Defense >
      • Traffic Offenses
    • Learn >
      • Immigration In A Nutshell >
        • The Visa Bulletin and Family Immigration
      • Criminal Immigration Law 101 >
        • Know Your Rights
      • Eligibility for Citizenship >
        • Citizenship versus Naturalization
        • Why Become a Citizen?
  • Consult/Pay Fees
  • Testimonials
  • Careers
  • Blawg
  • En Español
    • Accion Ejecutiva
    • El Interdicto Temporal
    • Buscar Detenido
    • Reforma Inmigratoria
    • Papeles Por Los Indocumentados

The HMA Law Firm Blawg

    Question? Contact a lawyer now!

Submit

Ordered Removed But Need A Green Card? There's An App For That

7/19/2012

54 Comments

 
Picture
Immigration law changes frequently.  If the lawyer can't stay on top of the changes, he could miss something that might save his client's case.

On Monday, July 17, 2012 we successfully convinced ICE to release an Kosovar national from detention who had been ordered removed (deported) back in 2002.  As a special treat, we asked for his removal to be stayed for 1 year, and ICE gave us 2 years!

The client was born in the former Yugoslavia, but today is a national of Kosovo.  He entered the United States on a fake passport 12 years ago and claimed he was afraid to go back due to activities that placed him in danger during the Kosovo War.  He was found credible, but remained in detention for several months.  Eventually, he was released to pursue his asylum claim.

Two years later, he lost his asylum case and was ordered removed.  He tried to appeal, but lost.  Unfortunately for him, his attorneys mismanaged his case and his primary lawyer was disbarred a few months after the loss.  Several years later, he tried to reopen his case, but that was denied, too.  He eventually married a US citizen, had two children, and worked.  Last month, while aboard a train, ICE agents came on board and took him.  Our initial request for humanitarian release was denied by ICE; the officer told us that no matter what we filed, he would deny any request to stay removal and moreover, since our client had a new Kosovar passport, he would be back deported within a couple of weeks.

In 2005 and 2006, there were a number of lawsuits filed around the meaning of the word "parole." When an alien wants to apply for a green card, say based on marriage, they have to show that they entered the United States in a legal way.  This means either "admitted" (ie, with a visa) or "paroled" (without a visa, but allowed to physically enter the US on some other basis; in this case, it was to allow him to pursue his asylum claim.)

None of the previous attorneys thought to look at the fact that even though our client entered using a fake passport, eventually INS released him.  When they did that, they gave him an I-94 card (arrival/departure card) and stamped it showing that he was paroled into the United States under INA 212(d)(5) for purposes of pursuing his asylum claim.  Hidden at the bottom of  a stack of papers, nearly forgotten now nearly twelve years later, was the yellowed, frayed I-94 card INS had given our client.

That I-94 card was the key to victory.  Because it showed that he was paroled into the United States under §212(d)(5) he remained eligible to adjust status (file for a green card) as an arriving alien under INA §245(a).  See, e.g., Scheerer v. Attorney General, 445 F.3d 1311 (11th Cir. 2006)  The authority to allow him to do this was implemented by a USCIS memo in the wake of multi-circuit litigation surrounding the eligibility of parolees (as a class) to pursue same. See 71 Fed. Reg. 27585 (May 12, 2006)  The Department of Homeland Security recognized that parolees – even with final orders of removal – are allowed to pursue adjustment of status within the US as arriving aliens.  See Matter of C—H--, 9 I&N Dec. 265, 266 (Regional Commissioner 1961).

Our client was married to a US citizen.  We filed an I-246 request for a stay of deportation and deferred action with ICE.  At first, the ICE officer was unsure of how to handle this case, but once we explained the law to him, and he verified it with ICE lawyers, he called us and asked to speak to the US citizen wife.  We gladly passed on her number.  Convinced that the marriage was real, our client was released from detention the very next day.

He is now back home with his family, ready to file for his green card.  Here is the story of a hardworking immigrant who unfortunately found the wrong help, but due to a technicality, a small (but significant) change in the law, found a way to become legal in the US for the first time in 12 years - even though he has an order of deportation.



54 Comments
    DISCLAIMER: If a blog post you read here contains case results, be advised that case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

    Authors

    Sharifa Abbasi, Esq.
    Hassan M. Ahmad, Esq.
    Humza Kazmi, Esq.
    Faisal Khan
    ​Valeria Prudencio
    Carly Stadum-Liang, Esq.

    Archives

    September 2020
    August 2020
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    August 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    May 2014
    April 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    April 2012
    January 2012
    December 2011
    August 2011
    March 2011
    February 2011
    July 2010
    April 2010
    March 2010
    February 2010

    Categories

    All
    Appellate
    Asylum
    CBP
    Citizenship
    Constitutional Rights
    Criminal
    DACA
    Deportation
    Family
    Framing
    General
    H 1B
    H-1B
    Hma Law Firm
    Immigration
    Immigration Policy
    Immigration Reform
    International
    Interns
    Muslim Ban
    National Security
    Politics
    Removal
    Syria
    Tanton FOIA Lawsuit
    Trump
    Waivers

    RSS Feed

Quick Links

  • Our Team
  • Practice Areas
  • Executive Action
  • Consult

Contact Info

8133 Leesburg Pike, Ste 801
Vienna VA 22182

Tel:  703.964.0245

Fax: 703.997.8556
Email: info@hmalegal.com

Subscribe to the HMA LawFeed

Picture

​Pay Fees Here

©2009 - 2021 by Hassan M. Ahmad. All rights reserved. No portion of this website may be copied or reproduced for any purpose without express written permission.

Photos used under Creative Commons from Beshroffline, Thorne Enterprises, alex-s, swanksalot, 401(K) 2012, hyku, Gage Skidmore, Gage Skidmore, michaeln3, Antony J Shepherd, Korean Resource Center 민족학교, Don Fulano, lewebafricain, Images_of_Money, Lord Jim, Kevinth Nunez, Joe Crimmings Photography, Cohen.Canada, Thane Eichenauer, Gage Skidmore, CGP Grey, digitalshay, anokarina, Debbie Ramone, slightly everything, loop_oh, aaron_anderer, U.S. Marshals Service, tsuacctnt, Andrew Feinberg, Official U.S. Navy Imagery, Soggydan, Keith Bacongco, photosteve101, Emery Co Photo, futureatlas.com, david_terrar, weiss_paarz_photos, juanktru, Anh Le Tran's Photogphy, Amanda M Hatfield, IcronticPrime, Fibonacci Blue, blvesboy, Carl Montgomery, zappowbang, khawkins04, kennethkonica, opensourceway, Supernico26, mynameisharsha, JBrazito, Glyn Lowe Photoworks, Justin A. Wilcox, Wesley Fryer, MAClarke21, khalid Albaih, Chairman of the Joint Chiefs of Staff