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 came to our office after his motion to reopen and remand with the BIA was denied. Years ago, the client’s application for asylum was denied and he was ordered removed after an immigration judge found him not to be credible. The client appealed the decision to the BIA, but his appeal was denied. He again appealed to the 9th circuit, but that appeal was also dismissed. Later, the client married a United States citizen and filed an I-130.
After the approval of his I-130, the client filed a motion to reopen and remand with the BIA so that he could attempt to adjust his status, but the motion was also denied. Feeling out of options, the client contacted The Law Offices of Sabrina Li.
The difficulty in the case is that the client exhausted all his appeals from the Immigration Judge’s denial and had issues regarding his credibility and false statements made in his original tourist visa application. If our client’s proceedings were not reopened, our client would not be able to leave the United States without self-deporting and being subjected to grounds of inadmissibility for his removal order and for his false statements. Thus, we knew it was crucial to reopen the client’s proceedings so that he could obtain permanent resident status within the United States.
Our experienced team knew that the best course of action, in this case, was to contact the Department of Homeland Security (DHS) directly and ask them to join in a motion to reopen our client’s removal proceedings so that he could adjust status. We filed a request for prosecutorial discretion with DHS, with was approved in just six days. We then immediately filed a motion to reopen with the BIA and a motion to dismiss proceedings. Our client was then free to file an application to adjust status with USCIS.
We filed the adjustment of status and then subsequently filed a waiver for the fraud and material misrepresentation ground of inadmissibility for the false statements our client made in obtaining his tourist visa. We showed our client deserved a waiver and that his U.S. citizen spouse had back problems and would suffer hardship if our client was not allowed to adjust status.
Experience the power of perseverance and dedication at work! Our relentless commitment led to our client securing their long-awaited green card. After a 13-year journey and constant battle for legal status in the United States, their joy knew no bounds as they celebrated this life-changing moment.
Office of the Principal Legal Advisor (OPLA) attorneys have the inherent authority to exercise prosecutorial discretion (PD) on a case-by-case basis in the handling and litigation of removal cases. OPLA attorneys have the power to agree to reopen cases when the person involved has shown they deserve it and meet the necessary requirements.
OPLA looks at the whole picture when deciding on prosecutorial discretion. They examine each case individually, taking into account the unique facts and circumstances. Many factors influence OPLA attorneys' decisions, such as:
OPLA attorneys may also take into account any significant humanitarian factors related to the noncitizen or their close family members. These factors can involve age, serious health issues, pregnancy, being the primary caregiver for a U.S. relative, or being a child.
Should you or someone you know face a similar situation and require the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. We're committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you!