Ending of Removal Proceedings After 9 Years: Accused of Marriage Fraud and Multiple Attorney Changes
August 30, 2023

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Discover the latest triumph of Sabrina Li's Law Offices! We're thrilled to showcase the inspiring story of our most recent client's success.  

Our client had obtained conditional resident status through his petitioning United States citizen spouse, but came to us after his I-751, application for removal of conditions, was denied because USCIS accused him of marriage fraud. Our client was placed in removal proceedings and had been in removal proceedings for nine years with several different attorneys. Our client had filed different appeals and applications for relief throughout that time and nothing seemed to work. He had been scheduled for a final hearing and decided to contact The Law Offices of Sabrina Li for help.  

The difficulty in the case was that our client had a child with a different woman while married to his petitioning spouse. Because of this, USCIS claimed our client had lied on his petition through his petitioning wife and said our client was guilty of marriage fraud. Because of the length of time the case had been pending with the court, our client was also no longer married to his petitioning spouse. So, our client knew he had an uphill battle.

However, our client could not give up as he had three United States citizen children and a lawful permanent resident wife who was in the midst of a battle against cancer. We knew our client had much to lose and knew we had to do everything we could to help him fight to remain in the United States.  

Our talented and experienced staff reviewed our client’s entire file and saw that his I-751 had, in fact, been re-opened by USCIS after our client’s removal proceedings started. We also immediately filed a new I-751 based on his divorce and hardship. After our new filing and our discovery that his original I-751 had not been decided after the reopening by USCIS, our team filed a motion to terminate the removal proceedings against our client. We argued that the court did not have the jurisdiction to remove our client as his petitions were still pending before USCIS.

The immigration judge agreed with our position and terminated our client’s removal proceedings. Our client was awestruck when our motion to terminate his removal proceedings was granted! His nine-year fight with the court was finally over and he was free to seek the removal of conditions with USCIS.  

If USCIS denies the I-751, the case will be referred to an immigration court for removal proceedings, regardless of whether it was a joint or waiver petition. If the joint I-751 is denied by USCIS and the couple divorces before immigration proceedings start, the alien will need to file a new I-751 with USCIS. Even if the alien is in removal proceedings, the I-751 with a waiver must be filed with USCIS because the immigration judge does not have jurisdiction to adjudicate any I-751 petitions. In these cases, the immigration judge may continue the deportation proceedings to allow USCIS to adjudicate the newly filed I-751.

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at info@sabrinali.law. We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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