PD request left unanswered, Motion to Dismiss granted by the Court!
August 30, 2023

Table of ContenTS

We are delighted to share another success story from the Law Offices of Sabrina Li, where we were able to successfully assist a client in his unique case.

Our client, a Christian, was forced to escape from his native country due to fear of persecution. Upon arrival in the United States, he was detained and faced removal procedures. During these proceedings, he married a citizen of the United States and sought our legal assistance.

A key challenge in our client's case was his entry into the U.S. without a visa or any other form of inspection, which meant he could not adjust his status domestically through his spouse. Instead, he needed to apply for an I-601A provisional waiver to account for his unlawful presence in the country. However, the problem was that an individual cannot apply for an I-601A while they had ongoing removal proceedings.

We reached out to the Department of Homeland Security (DHS) to inquire if they would agree to a motion to dismiss our client's removal proceedings, thereby enabling him to apply for the I-601A waiver. When no response was forthcoming from the DHS after more than two months, we chose to submit a Motion to Dismiss directly to the Court. Our argument was that our client, being married to a U.S. citizen and holding an approved I-130, was otherwise eligible for the waiver. We also highlighted significant deficiencies in the NTA that would justify the case's dismissal.

Much to our client's relief and joy, the court granted the motion to dismiss in less than a month! Our client is now free from having to present himself. He no longer has to present himself to court facing the threat of deportation and can now obtain a green card through his wife!

Immigration judges may exercise their independent judgment and discretion and may grant the termination or dismissal of removal proceedings, where appropriate. A motion must be made before the Immigration Judge seeking termination or dismissal under their inherent authority.

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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Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.

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Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.