Applying for immigration benefits will likely be an incredibly stressful event. And that stress will only become worse if the application is denied. Unfortunately. denials are common, but it does not mean that a person should give up on their dream of getting a green card.
Reeves Immigration Law Group (RILG) recently helped a client obtain his green card even though his application was initially denied by U.S. Citizenship and Immigration Services. We will refer to our client as “Jose” to protect his privacy.
Jose was born in the Philippines. He entered the United States in the 1990s so that he could work and earn a living, and also to be reunited with family in the U.S. Like so many immigrants, Jose wanted to start a new life in the U.S. Unfortunately for Jose though, the U.S. Embassy in Manila denied his application for a tourist visa. Jose thereafter fraudulently obtained a visa and entered the U.S. under an assumed name. He knew his actions were wrong and would have consequence in the future, but he was desperate to come to the U.S.
Jose would ultimately apply for his green card decades later through adjustment of status, but sure enough, his prior act of entering the U.S. under an assumed name would create issues for him. Jose now needed a waiver under Section 212(i) of the Immigration and Nationality Act before he could be issued his green card. Regrettably though, Jose’s application was denied by U.S. Citizenship and Immigration Services (USCIS). USCIS said that Jose did not demonstrate sufficient hardship to his U.S. citizen parent and therefore did not qualify for the required waiver.
Jose was clearly disappointed, but he decided to keep fighting for his green card rather than just give up and return to the Philippines. RILG told Jose that they would be happy to represent him in immigration court, where he would have a second opportunity to be granted his green card.
Attorney Devin Connolly, RILG’s Managing Partner, represented Jose in deportation proceedings. Attorney Connolly told Jose that he was extremely confident that he would be successful in court, so long as we presented stronger declarations, additional medical documentation, and that everyone was thoroughly prepared to testify before the immigration judge.
Attorney Connolly presented a very compelling and persuasive case to the court and Jose’s waiver and application for a green card were granted by the immigration judge! Jose’s persistence paid off, with a green card and a chance for U.S. citizenship.
